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Terms and Conditions
Welcome to Kimball Farm. Kimball Farm and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
Kimball Farm, you accept these conditions. Please read them carefully. In
addition, when you use any current or future Kimball Farm service or visit or
purchase from any business affiliated with Kimball Farm, whether or not included
in the Kimball Farm Web site, you also will be subject to the guidelines and
conditions applicable to such service or business.
PRIVACY
We work to protect the security of your information during transmission by
using Secure Sockets Layer (SSL) software, which encrypts information you input.
Credit card numbers are not retained in our database, for security reasons. Any
other information you provide will be retained, but held in the strictest
confidence. We do not share our information with other vendors.
SHIPPING INFORMATION AND RATES
Delivery Charges
Most purchases are shipped directly from us, to arrive within five business
days of receipt of the order. Note: Items ordered together may not arrive in the
same box. Orders being shipped to AK or HI will be charged an additional $5 for
standard delivery.
Standard UPS Ground
Up to $25.00- $8.95
$25.01 - $50.00- $11.95
$50.01 - $100.00- $19.95
$100.01 - $125.00- $23.95
$125.01 & over 15%
Rush Delivery
Standard UPS overnight delivery charges will apply. (If we receive your order by 2 pm EST Monday through
Thursday, you'll receive your purchase within two business days; orders placed
Friday through Sunday will arrive on Tuesday.)
RETURNS & EXCHANGES
Kimball Farm Country Store
Returns and Exchanges
400 Littleton Road
Westford, MA 01886
Returns with original sales receipt:
All items may be returned in their original condition unworn with tags
attached within 30 days from the date of purchase with original receipt. Refunds
will be issued in the original form of payment for the price paid or a
merchandise exchange. All items returned with a gift receipt will be exchange or
merchandise credit only.
Returns without a receipt:
All items returned in their original condition within 30 days will be
exchanged for alternate size or color only.
Please note: Shipping charges are non-refundable.
Please allow 1-2 billing cycles for the credit to appear on your statement.
Please call (1-978-486-3891) or e-mail
(store@kimballfarm.com) us with any
additional questions.
ELECTRONIC COMMUNICATIONS
When you visit Kimball Farm or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of Kimball Farm or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of Kimball Farm and protected by U.S. and
international copyright laws. All software used on this site is the property of
Kimball Farm or its software suppliers and protected by United States and
international copyright laws.
LICENSE AND SITE ACCESS
Kimball Farm grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Kimball Farm. This license
does not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of Kimball Farm. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Kimball Farm and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing Kimball Farm's name or trademarks without the express written
consent of Kimball Farm. Any unauthorized use terminates the permission or
license granted by Kimball Farm. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of Kimball Farm so
long as the link does not portray Kimball Farm, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use any Kimball Farm logo or other proprietary graphic or
trademark as part of the link without express written permission.
COPYRIGHT COMPLAINTS
Kimball Farm and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at:
store@kimballfarm.com.
RISK OF LOSS
All items purchased from Kimball Farm are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Kimball Farm and its affiliates attempt to be as accurate as possible.
However, Kimball Farm does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. If
a product offered by Kimball Farm itself is not as described, your sole remedy
is to return it in unused condition.
OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these businesses or individuals or the content
of their Web sites. Kimball Farm does not assume any responsibility or liability
for the actions, product, and content of all these and any other third parties.
You should carefully review their privacy statements and other conditions of
use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KIMBALL FARM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Kimball Farm MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIMBALL FARM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMBALL FARM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KIMBALL FARM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIMBALL FARM WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Kimball Farm, you agree that the laws of the state of
Massachusetts, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between you
and Kimball Farm or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Kimball Farm or to products
you purchase through Kimball Farm shall be submitted to confidential arbitration
in Westford, Massachusetts, except that, to the extent you have in any manner
violated or threatened to violate Kimball Farm's intellectual property rights,
Kimball Farm may seek injunctive or other appropriate relief in any state or
federal court in the state of Massachusetts, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
OUR ADDRESS
Kimball Farm Country Store
400 Littleton Road
Westford, MA 01886
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