Terms & Conditions

READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

When you access SwissKronoUSA.com, you warrant and represent to Swiss Krono, LLC (SK or We) that you are legally entitled to do so and to make use of information made available via the Website. By using the Website you acknowledge that you have read and agreed to these terms and conditions without modification.

This Agreement contains the terms and conditions (Terms and Conditions) that apply to a customer’s (You(r) or Customer) purchase of Designer Wall Planks (DWP or Product(s)) from SK through the Website. You agree, as a condition of sale, to be bound by and accept these Terms and Conditions as applicable to Your purchase of Product(s) from the Website.

These Terms and Conditions are subject to change without prior written notice at any time, in SK’s sole discretion.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE WEBSITE TERMS OF USE LOCATED AT swisskronousa.com/terms-and-conditions.

Product Information
We reserve the right to change information, prices, specifications and descriptions for any of the SK Products displayed on the Website at any time. While we make every reasonable effort to maintain the Website accurately, SK cannot warrant that it is error-free. If You find any inaccuracies, please notify SK immediately at wallplanks@swisskronousa.com.

The DWP digital images displayed throughout the Website are subject to variation. Accordingly, SK cannot guarantee that the color, texture or detail on the Website matches that of the manufactured Product.

If You place Product in your Website cart but do not complete the sale immediately, it is possible that the price of the Product may increase or decrease between the time You place an item in Your cart and the time You complete the sale.

SK reserves the right at any time after receipt of Your order to decline, refuse or cancel Your order for reasonable cause including but not limited to (i) lack of availability of Products, (ii) failure by You to satisfy payment terms, (iii) Product pricing error, (iv) restrictions or prohibitions on the sale or use of Products, and/or (v) Your breach of these Terms and Conditions. If You have already paid for your Product and SK cancels Your order, SK will issue a refund for the amount of your order.

Order Changes and Cancellations
You may change or cancel an order with certain limitations. Please refer to our Return Policy for detailed information about how to return, cancel, or otherwise change an order.

Payments
We accept most major Credit/Debit Cards as our method of payment. Our Terms are payment in full when the order is placed. All Products remain the property of SK until paid for in full.

Shipping and Delivery
Please refer to our shipping terms for detailed information about shipping.

We do not guarantee any specific delivery time.

Claims
Please refer to our Manufacturer’s limited warranty for specific information about what we warrant and how to make a claim.

Privacy
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the sale of Designer Wall Planks. However, we may choose to share Our customer list in the future with trustworthy third parties.

Please refer to our Privacy Policy to understand our practices.

Cookies
The Website [or ISP] uses cookies to enable SK to retrieve certain user details for each visit. Cookies are used in some areas of the Website to enable the functionality of this area and ease of use for those people visiting.

Links to this Website
You may not create a link to any page of the Website without SK’s prior written consent. If you do create a link to a page of this Website you do so at your own risk. All disclaimers, exclusions and limitations will apply to your use of this Website by linking to it.

Links from this Website
We do not monitor or review the content of other party’s websites which are linked to or from the Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by SK and should not be regarded as the publisher of such opinions or material. We are not responsible for the privacy practices or content of these sites. We encourage You to be aware when You leave our Website and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself, before disclosing any personal information to them. SK will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Trademarks
Except as otherwise identified, the trademarks, names, logos and service marks (collectively Trademarks) displayed on this Website are registered and unregistered trademarks of SK. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of the Trademark owner.

Copyrights
All of the Website content is the property of SK or its suppliers and affiliates and is protected by United States and international copyright laws.

Disclaimers
SK DOES NOT WARRANT THAT THE PRODUCT(S) OFFERED FOR SALE ON THE WEBSITE WILL BE ERROR OR DEFECT-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED NOR THAT ANY PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
SK DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, DEFECTS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF SK’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY SK, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE WEBSITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE WEBSITE, AND ALL CONTENTS THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE WEBSITE AT YOUR SOLE RISK.

Limitation of Liability
SK DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. YOU AGREE THAT SK, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL NOT BE LIABLE YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF REVENUE, GOODWILL, LOST OF DATA, LOSS OF OPPORTUNITY OR OF BUSINESS OR OTHER DIRECT, PECUNIARY, NON-PECUNIARY, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES HOWEVER CAUSED IN RELATION TO THESE TERMS AND CONDITIONS, THE WEBSITE, YOUR USE OF THE WEBSITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY INCLUDING WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF SK WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE WEBSITE, THESE TERMS AND CONDITIONS, AND YOUR PURCHASE OF PRODUCTS OR SERVICES FROM SK OR A SUPPLIER VIA THE WEBSITE, SK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR YOUR ORDER THAT IS THE SUBJECT OF THE ALLEGED LIABILITY. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR ANY OTHER THEORY OF LIABILITY).
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY SK. SK ASSUMES NO RESPONSIBILITY FOR THE CONTENT, INFORMATION, PRIVACY POLICIES, OR TERMS OF USE OF ANY THIRD-PARTY WEBSITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEBSITES OR THE CONTENTS OR MATERIALS ON SUCH WEBSITES. SK PROVIDES SUCH LINKS SOLELY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY SK OF THE LINKED WEBSITE OR INFORMATION CONTAINED THEREIN. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE SK FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD PARTY WEBSITES. SK ENCOURAGES YOU TO READ THE TERMS AND CONDITIONS, THE PRIVACY POLICY AND ANY TERMS OF USE, GOVERNING EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULL EXTENT PERMITTED BY LAW.

Governing Law
These Terms and Conditions and any sales thereunder shall be governed by the laws of South Carolina, without regard to conflict of laws rules.

The Website (excluding any third party linked Websites) is controlled by SK from its offices within the state of South Carolina. Although the Website can be accessed from other countries around the world, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked Website, shall be governed by the laws of the state of South Carolina.
You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the state of South Carolina and acknowledge that You do so voluntarily and are responsible for complying with local laws.
For clarity, You hereby waive (1) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and (2) any statutory or other right pursuant to the laws of the jurisdiction in which You are a resident to have a court case or arbitral hearing relating to these Terms and Conditions adjudicated or resolved in that jurisdiction.
Any rule of interpretation, law or regulation that provides that language in a contract will be interpreted against the drafter will not apply to these Terms and Conditions.

Disputes; Mediation; Arbitration
You and SK agree that any disputes will be submitted to mediation with one of the recognized mediation services located in Columbia, South Carolina. If the dispute is not resolved by mediation then either of the Parties may submit a dispute or claim to arbitration to be finally settled, substantively and procedurally, in accordance with the Rules of the American Arbitration Association by providing notice thereof to all the Parties. Such arbitration will take place in Columbia, South Carolina. Results of such arbitration will be final and binding upon the Parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction or enforcement power, as the case may be. The arbitrator will set forth the grounds for its decision in the award.

Entire Agreement
These Terms and Conditions together with all other materials incorporated by reference herein, constitute the entire agreement and all terms, conditions, representations and warranties between You and SK with respect to the purchase and sale of any Product offered for sale on the Website and collectively supersedes and replaces all prior agreements, proposals or representations, written or oral, between the parties concerning the subject matter herein.

Amendments
These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s) or agreement except upon the express written agreement from an authorized representative of SK. Any attempt to alter, supplement or amend these Terms and Conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a writing and signed by both You and SK. These Terms and Conditions are subject to change without prior written notice at any time, in SK’s sole discretion.

Severability
These Terms and Conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.