Terms & Conditions

Initial Orders
Orders must be paid for by COD Cash, or credit card. We accept Visa, MasterCard or American Express. Subsequent orders may qualify for Net-30 Terms with credit approval.  In order to eliminate credit card fraud and for our protection as well as the protection of the consumer, credit card billing information must match the shipping address for first orders.

Overdue Payments
A 1.5% monthly finance charge (18% per annum) applies to overdue accounts. Customers not settling within stated terms agree to pay all collection costs including reasonable attorneys fees and interest at the highest legal rate. Customers obligation cannot be assigned or transferred without the prior acknowledgement and approval of K.Gottfried Inc. K. Gottfried Inc. maintains the right to not ship orders to past-due accounts.  After 90 days, it is K. Gottfried Inc.'s policy to send any past due accounts to a collections agency, unless a payment schedule has been agreed upon by both parties.

Returned Checks
A $25.00 fee applies to all returned checks.

Wire Transfers
Customers paying by wire transfer are responsible for any transaction fees imposed by their bank and therefore, an additional charge in the amount of said transaction fee will be incurred by the customer.  Typically, the transaction fee for international wire transfers is $25.00, but does vary, so please check with your bank.  Please call us at 1-800-BEADS-NY or email us at kgottfried@kgottfriedinc.com for more details.

Shipping & International Shipping
All orders are shipped UPS Ground unless otherwise explicitly stated by the customer.  Customer is responsible for all shipping charges.  Furthermore, for all international shipping the customer is responsible for all duties and taxes associated with the shipment.  If a Fed-Ex, UPS or DHL account number is given by a customer to ship their order on, or if we are instructed to ship on an account you have on file, and once shipped we are advised that the account number is invalid or un-billable, the customer is responsible for all shipping charges, plus an additional $20.00 service & re-processing fee.  If we are shipping on a customers UPS account number, a $5.00 insurance fee will be charged to all orders to cover insurance costs.  If a package is lost, all claims must be made through K. Gottfried Inc. and our shipping insurance carrier. 

Special Orders:  All “special order items” are subject to a 50% deposit prior to our ordering the merchandise from the manufacturer.  This 50% deposit is non-refundable.  All special orders are non-cancellable and returns are not accepted. 

Refused Orders
All refused orders are subject to a 20% restocking fee plus the cost of shipping both ways.

Returns
All returns must be made within 30 days of date of receipt of merchandise. All returns are subject to a 20% restocking fee and are for in-house credit only.  Credits are valid for 1 year from the date that they are issued and must be used within this time or they will be forfeited. There will be no cash refunds.  All returned merchandise must be in its original packaging, original condition and undamaged.  Please note that once sealed Swarovski® or Preciosa® packages have been opened, they cannot be returned.  Additionally there are no returns on broken Swarovski® packages, matted, custom cut items (such as rhinestone banding), or special ordered items (such as Swarovski® crystal mesh or transfers).  

K. Gottfried Inc. will not accept unauthorized returns. Please call our office before returning any merchandise. All returns must be accompanied by a note with the following information: Return Authorization Number, Itemized list of merchandise returning and Reason for return. K. Gottfried Inc. reserves the right to refuse a return if the returned merchandise is not deemed to be in original condition and in its original packaging, or if any of the above criteria are not met.  Please email us at kgottfried@kgottfriedinc.com if you wish to make a return, or call us at (631) 756-9800.

Damages and Order Discrepancies
(not covered by freight claims) must be reported to K. Gottfried Inc. in writing within 5 days of receipt of merchandise; claims are invalid if submitted beyond 5 days from receipt of goods.

Liability Disclaimer
In no event will K. Gottfried Inc. be liable to the customer for lost contracts or any special, indirect, incidental, or consequential damages in any way arising out of the use or inability to use the goods, nonconformance of the goods or the shipment, delay or any other alleged breech, however caused, under a claim of any type or nature, based on any theory of liability (including contract, tort or warranty), even if the possibility of such damages has been communicated to K. Gottfried Inc.

Product Specification
May change subject to availability, and prices may change without notice. Please call to verify product information before placing your order.  K. Gottfried Inc. is not responsible for color variations in glass beads or stones. In production, slight color variations are inevitable due to a number of environmental factors that cannot be controlled. These variations are industry accepted.

Modification
To these Terms & Conditions and the Invoice may be made only as authorized herein or by writing signed by the party against whom enforcement of any change, extension, waiver or discharge is sought.

Severability
If any provision of the Terms & Conditions or the Invoice is determined to be invalid or unenforceable, the other provisions shall remain enforceable and the offending provision shall be enforceable to the extent that the scope of that provision can be reduced to make it reasonable and valid.

These terms and conditions were last updated April 20, 2009.  This version supersedes any previous versions and is effective immediately.

Website Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of K. Gottfried Inc. The collective work includes works that are licensed to K. Gottfried Inc.  Permission may be granted on a  case-by-case basis to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with K. Gottfried Inc.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with K. Gottfried Inc. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by K. Gottfried Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of K. Gottfried Inc. used in the site are trademarks or registered trademarks of K. Gottfried Inc.  Additionally, all trademarks and service marks of manufacturers of the products we sell, are trademarks or registered trademarks of each respective manufacturer.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, K. Gottfried Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. K. Gottfried Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. K. Gottfried Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
K. Gottfried Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if K. Gottfried Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, K. Gottfried Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. K. Gottfried Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, K. Gottfried Inc. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by K. Gottfried Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
K. Gottfried Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to K. Gottfried Inc.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of K. Gottfried Inc. Products) shall be in the state or federal courts of K. Gottfried Inc.'s choosing. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of K. Gottfried Inc. products) must be commenced within one (1) year after the claim or cause of action arises. K. Gottfried Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. K. Gottfried Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a K. Gottfried Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
K. Gottfried Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, K. Gottfried Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, K. Gottfried Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to K. Gottfried Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless K. Gottfried Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, K. Gottfried Inc. may link to sites operated by third parties. However, even if the third party is affiliated with K. Gottfried Inc., K. Gottfried Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of K. Gottfried Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, K. Gottfried Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).