Terms Of Use

Disclaimer

This site is provided by Chaos Theory, Inc. on an "as is" basis. Chaos Theory, Inc. makes no warranties of any kind as to the operation of the site, the content, information, materials or products included on this site. To the full extent permissible by law, Chaos Theory, Inc. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Chaos Theory, Inc. will not be liable for damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.

Please read these Terms of Use ("Agreement", "Terms Of Use") carefully before using http://shopusa.e-kunst.com/ ("the Site") operated by Chaos Theory Inc. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://shopusa.e-kunst.com/.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms Of Use. Capitalized terms are defined in this Agreement.

Headquarters :

CHAOS THEORY
3565 Sepviva Street
Philadelphia, PA 19134
USA

Article 1 - Price

The prices of our goods are listed in US Dollar all taxes included. These exclude processing costs (this includes inter alia, bank fees) and shipping. These prices are displayed in US Dollar only.

When ordering from a country other than United States of America, the customer is the importer of the goods concerned. For all products shipped outside of the United States of America, the price will be automatically calculated without tax on the invoice. Customs duties, local taxes, import duties or state taxes are likely to be required for import. These are at the customer's expense and under their sole responsibility both in terms of payment and tax returns to the authorities and qualified organizations of the customer's country. We recommend that foreign customers inquire about these aspects with their local authorities.

CHAOS THEORY reserves the right to modify its prices at any time. However, the products will be charged based on the rates in effect at the time of acceptance of the order.

The products will remain the property of CHAOS THEORY until fully paid for.

Orders may be paid in US Dollar only.

Article 2 - Orders

  • When ordering for the first time on the Site, customers are asked to create an online account containing personal information which must remain updated. The sales contract is considered concluded when CHAOS THEORY receives, via the e-shop or by phone, the duly completed order form (which is filled in by our services in the case of an order placed by phone), which is then processed for verification of the accuracy of the data concerning the order.

Orders may be placed :

  • On the website : https://shopusa.e-kunst.com/
  • By phone : +1 215 625 8400

Prior to any purchase, when creating his account on our site, the customer is requested to carefully read these terms and conditions.

By completing the order form, the customer agrees unconditionally and commits to abide by these terms and conditions in their dealing with CHAOS THEORY. Should one disagree with any elements specified in these terms and conditions, we invite them not to transfer their order form to purchase products on https://shopusa.e-kunst.com/.

Article 3 - Confirmation

The data recorded by http://shopusa.e-kunst.com/ during the confirmation of the order constitutes proof of all transactions made between CHAOS THEORY through https://shopusa.e-kunst.com/ and its customers.

The data recorded by the payment system constitutes proof of the financial transactions.

Article 4 - Availability

Our offers of products are valid as long as they are visible on the website, within the limits of available stocks. This excludes promotional operations mentioned as such on the site. Links directing to products which have become out of stock will be listed as 'Out Of Stock'.

In the event of unavailability of a product occurring after the order was passed by the customer, our services will inform the customer by mail and refund or compensate via credit note form the collected and cashed sum.

Article 5 - Shipping

Products are sent to the delivery address the customer provided during the ordering process. We let our customers chose between different delivery methods that depend on the destination of the parcel.

We do our best to send the parcels within 30 days of payment (under the condition of availability of the product). CHAOS THEORY may not be held responsible for any delays due to the courier.

In case of delay, a mail will be sent to the customer to inform him of an eventual consequence on the delivery date that was indicated during the ordering process.

Article 6 - Payment

The payment of the purchases can only be made through PayPal.

Article 7 - Return policy

7.1 Right Of Withdrawal

In accordance to the legal provisions in force, customers have a period of 7 days from receipt of the products to exercise their right of withdrawal to CHAOS THEORY without having to give reasons or pay a penalty.

In case of exercise of the right of withdrawal within the abovementioned period, only the price of the purchased product and the sending costs will be refunded ; the cost for returning the product to our office remain at the customer's expense. Should the customer exercise his right of withdrawal on part of the order he received, the refund of the initial sending costs will be prorated to the item's shipping cost and not to the whole order.

Returns are to be done in their initial and complete state (packaging, accessories, user's notice...) that allows the product to be resold as new. CHAOS THEORY asks of the customers to join copy of the invoice of their order for optimal management.

In accordance to the legal provisions in force, the right of withdrawal may not be exercised on customizable books, audio or video recording which have been unsealed by the customer.

Returns are to be sent to this address :

CHAOS THEORY
3565 Sepviva Street
Philadelphia, PA 19134
USA

No return received as against refund will be accepted by CHAOS THEORY, whatever the reason.

7.2 Returns, Exchanges & Warranty

Our products are checked individually before being sent. In case the customer receives a damaged parcel, the customer must notify the courier immediately. In accordance to the legal provisions in force relating to the compliance with the contract and particularly those specified in the Article L211-4 du Code de la Consommation (French Consumer Code), we will refund or exchange the products apparently defective or which do not match the customer's order (these provisions do not concern items damaged during the delivery). We ask of our customers wishing to implement these provisions to contact our Customer Services through this contact form.

The items must be returned by mail in the complete state in which these were received (accessories, packaging, notice...). The customer also benefits from the warranty against hidden defects, in accordance to the legal provisions in force specified in the Article 1641 du Code Civil (French Civil Code). These provisions do not prevent the customer from benefitting of the right of withdrawal mentioned in the article 7.1 (Right Of Withdrawal) of this text.

If the product is no longer available, our services will contact the customer to determine the nature of the refund (credit note, bank transfer or check).

Article 8 - Customer services

For any further information, questions, exercise of the right of withdrawal, warranty, we ask of the customers to contact our Customer Services through this contact form.

Article 9 - Intellectual property

All texts, comments, articles, illustrations and images reproduced on the websites of Season Of Mist (this includes http://season-of-mist.com/ and https://shopusa.e-kunst.com/) are reserved under copyright as well as under Intellectual Property for the whole world. In this regard, in accordance with legal provisions in force of the Code de la Propriété Intellectuelle (French Code of Intellectual Property), only a use for private purposes is allowed, provided that there are no different or more restrictive provisions in the abovementioned code for such purposes. Any other uses constitutes counterfeit and is sanctioned under Intellectual Property unless prior authorization from CHAOS THEORY. Any reproduction be it total or partial of the catalog of CHAOS THEORY / Season of Mist is strictly prohibited. All rights reserved.

CHAOS THEORY provides a revocable, nonexclusive, limited right to create a hyperlink directing to the homepage of the website e-kunst.com as long as the link and content to which it is attached does not describe CHAOS THEORY / Season of Mist, its affiliates, or elements belonging to the abovementioned in a misleading, false, derogatory or offensive way.

Article 10 - Liability

The products sold on our e-shop conform to the French legislation. It is the customer's duty to verify with the local authorities of his country the possibilities of importing or using the products or services that they plan to order.

Photographs and texts, illustrating the products and audio recordings and their lyrics are carefully checked before being put on line. Variations between the descriptions and products as well as errors within the texts or photographs are possible, CHAOS THEORY cannot be held liable for these.

CHAOS THEORY cannot be held liable for the nonfulfillment or defective completion of the contract concluded in the case these would be attributable to the customer, to unpredictable or insurmountable occurrence due to a third party or to an act of god.

CHAOS THEORY cannot be held liable for any damages be them direct or indirect, issuing from the abovementioned risks.

Article 11 - Applicable law & litigation

This contract is subject to French Law and formally written in French language. In case of litigations, the French courts will be only qualified. This text is a translation of these 'Conditions Générales de Ventes' made in a purpose of information. The French text is the only authentic and liable version.

Article 12 - Personnal data

Please refer to our Privacy Policy statement which regulates privacy issues for the visit to this Web site. You assume personal responsibility for the confidentiality of your user data and your password and for the limitation of user access to your PC. Similarly, you assume full personal liability for all transactions carried out under your username or your passcode. Insofar as you use this Web site on behalf of a third party, you thereby declare yourself to be acting as its agent and therefore to be fully liable for any kinds of damages which may be incurred as a result of such usage of this Web site. We reserve the right to block your user data as and when we deem appropriate.

Personal data and information concerning the customer are required to manage the customer's order and for our commercial exchanges. These may be transferred to companies that contribute to these relations, such as those responsible for the completion of orders, their management, processing and payment. These are stored for security purposes, to comply with the legal and regulatory requirement as well as to enable us to enhance and customize the services we offer and the information we send to the customers.

In accordance to the legal provisions in force and to the Loi Informatique et Libertés du 6 Janvier 1978 (French Law enacted on the 6th of January 1978 concerning information technology, files, data and freedoms) customers hold a right to access, rectify and oppose their personal data. In order to do so, CHAOS THEORY asks of the customers to fill in the form that is accessible on the FAQ of our website or through post mail at CHAOS THEORY / SEASON OF MIST 3565 Sepviva Street, Philadelphia, PA 19134, USA, by indicating name, e-mail address, postal address of the concerned account of the e-shop. In accordance to the legal provisions in force, this request must be signed, a copy of ID bearing the concerned person's signature and the postal address for return have to be joined with the file. An answer will be sent within 2 months following the reception of the request.

According to the choices the customer made during the creation process or modification of his account, they are likely to receive offers from our society, as well as from companies and brands of the Season of Mist group as mentioned during the creation of your account. Customers that want to may unsubscribe from our newsletter by going on the section 'My Account', then 'Newsletter Subscriptions' where they have to uncheck the selection 'E-Kunst USA'.

Our website is conceived to be particularly sensitive to the needs of our customers. This is why we use cookies. These are designed to signal your visit on our site. Cookies are only used by CHAOS THEORY in a way that enables us to improve the personalized service we offer to our customers.