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KORRES U.S. TERMS OF SERVICE
Version 4.0 (Last Updated June 3, 2024)
The following Terms of Service (the “Terms”) describe your rights and obligations when using the KORRES (“we,” “us,” “our”) products, services, website (“Site”) or other offerings (collectively, the “Services”). By using our Services, you agree to be legally bound to all the following Terms. Before you use our Services, please read through the entirety of the Terms. If you do not wish to adhere to these terms, please do not use the Services.
These Terms are subject to change at any time without advance notice. We will post the most updated Terms on our Site with the date at which it was updated. All new terms are effective as of the date of publishing. By continuing to use our Services after a change in the Terms, you agree to be bound by the new Terms. Please visit this page regularly to ensure that you are aware of any and all changes made to the Terms.
If you wish to know about our data privacy practices, please visit our Privacy Policy. Our Services are not directed to anyone under the age of thirteen (13).
Table of Contents:
- The Services
- User Content
- User Code of Conduct
- Security
- Third Party Content
- Intellectual Property
- Electronic Communication and Text Messaging
- Digital Millennium Copyright Act
- Store Product Representation
- KORRES Circle Rewards Program
- Billing; Payment; Ordering
- Returns and Exchanges
- Termination and Modification of Services
- Disclaimers
- General Terms
- The Services
The Services include your experience in our physical store locations, Site (including the online store), and newsletters. You can access all these Services through our Site. Our Services may vary based on availability of products in stores or online.
- User Content
When you use our Services, you may be able to leave reviews on products, interact with customer service, and input preferences. You remain the sole owner of all intellectual property rights in what you post. You are solely responsible for all content you share through our Services.
- User Code of Conduct
You agree to follow the codes of conduct enumerated in these Terms on the KORRES Services. KORRES may decide in its sole discretion whether content violates these rules of conduct. You are responsible for all content that you post to our Services and represent that you have permission from all copyright or trademark owners to post any copyrighted or trademarked material. You may not post content that is intentionally rude, degrading, defamatory, or otherwise offensive. You may not post identifying information of other users, access another user’s account without authorization. You may not advertise or solicit business on our Services. You may not post any links containing viruses, trojan horses, worms, or other pieces of code designed and meant to harm others, operate on the device of another, or be used for malicious purposes. KORRES shall have the right, but not the obligation to inspect, monitor, review, edit, remove, refuse or delete any content for any of the above reasons.
- Security
By creating accounts and passwords on our Site, you agree to maintain the confidentiality of your login credentials and are responsible for restricting access to your personal computer and mobile devices. You agree to use the Services and Site for lawful purposes only and will not participate in any action that will compromise the security of the Site or damage the Site and its content. KORRES uses commercially reasonable efforts to best ensure the security of our Services and your information. However, no website or service is entirely secure. If you would like more information on how we protect your information, please read our Privacy Policy.
- Third Party Conduct
You may be able to access and/or use content provided by third-parties not affiliated with KORRES on our Services, including social media networks or other content that may be posted on our Services. KORRES has no control over the contents of these third parties and as such, takes no responsibility for anything you may encounter on those sites, including but not limited to malware or other harmful software or offensive and objectionable content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read.
- Intellectual Property
The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
Trademarks
All product names, logos, and seals of “KORRES,” are trademarks (“Trademarks”) belonging to us. You may not use any of these Trademarks, or any variations of the Trademarks, without prior written authorization of KORRES. It is prohibited to use any of the Trademarks in any manner that intentionally or unintendedly claims, suggests, or gives the appearance or impression of any sort of relationship with or endorsement by KORRES.
Nothing in these Terms should be interpreted as granting any sort of license or right to use the Trademarks displayed on our Services without express, written permission of the Trademark owner.
- Electronic Communication and Text Messaging
When you use the KORRES Site and services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically.
If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) you prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email support@korres.com. In addition to any fee of which you are notified, your mobile provider’s message and date rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual data plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of or failure to delivery any Text Messages as delivery is subject to effective transmission from your network operator.
Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers please read our Privacy Policy.
- Digital Millennium Copyright Act
KORRES is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact KORRES immediately to report any concerns of infringement by providing notice to KORRES’ Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Please contact us at support@korres.com and include the following in your correspondence:
- The copyrighted work or works you believe have been infringed upon
- The content you claim to be infringing upon your own work
- Contact information including email address and phone number
- A full statement explaining that the material has been used without authorization by either the copyright owner or an authorized agent of the copyright owner
- A full statement certifying that all information submitted is accurate and complete and that you, as the person submitting a complaint, are authorized to act on behalf of the copyright regarding DMCA claims
- Store Product Representation
Every attempt is made to provide accurate information about KORRES products on the Site. KORRES does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction. KORRES makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user's particular monitor; KORRES cannot guarantee that the colors displayed on an individual's monitor will be correct.
- KORRES Circle Reward Program
Membership Eligibility and Overview
The KORRES Circle Rewards Program (“Program”) is a free rewards program offered by KORRES (“we,” “us,” “our”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 13 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13. Employees of KORRES and its affiliates are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
By joining the Program and becoming a Program member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQS frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY and our website TERMS OF SERVICE, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS OF SERVICE, you cannot participate in the Program. The Program is void where prohibited by law.
Affiliates of KORRES (e.g. KORRES France, KORRES UK, KORRES Greece, etc.) may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other KORRES affiliate.
Program Enrollment
Eligible individuals may enroll in the Program through one of the following options:
- Visit https://www.korres.com (collectively, the “Site”) and follow the Program prompts to register for the Program
- If you are between the ages of 13 and the age of majority in your state of residence, by enrolling in the Program, you are certifying that on your behalf, your parent or legal guardian has consented to your enrollment in the Program, and has read, understood and agreed to be bound by these Terms, our PRIVACY POLICY and our website TERMS OF SERVICE which are incorporated by reference, and by any changes or modification we may make.
- You are required to provide your full name, email address, and accept the Terms in order to enroll. If you enroll at the Site, you must also create a password. To access certain Program benefits and rewards, you might need to provide us with your birthday, but birthday is not mandatory for Program enrollment. You are solely responsible for maintaining the accuracy of your account information and for updating it as required.
- You may check and update your personal information on the Site. It’s important to note that while you can update your phone number and name/surname at any time, the email address and the birthday will, once submitted, will remain static to maintain the integrity of your account.
- Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address, submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Program Benefits and Tiers Generally
The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQS for a current list of available benefits and rewards.
The Program is a tier-based program determined by the amount a member has spent on qualifying purchases within a single year from their registration day( “member year” or “registration year”) and every one year after that. There are 3 tiers with associated benefits – Tier 1, Tier 2 and Tier 3. Tier 1 under the name Friend, Tier 2 under the name Insider and Tier 3 under the name Ambassador.
KORRES Circle Points and Expiration
On January 1st of each year, KORRES will assess each customer’s total spend and bonus points from the previous year to assign them to the appropriate tier. Once assigned, customers will remain in the same tier for the entire year, accumulating points and redeeming rewards based on their tier’s multiplier. Customers cannot change tiers within the year, except for new sign-ups, who can be placed directly into their appropriate tier based on the same criteria applied at the year’s start.
Newly registered customers are the only ones who can upgrade their tier through
their activity in the first year.
Tier 1 – Friends
When you join, you’ll automatically be placed in the Friend Tier and be eligible for all the benefits Friends receive. Friend Tier is assigned to Customers with a 12-month spend of up to $250.
Tier 2 – Insider
Purchases of $251 to $750 in 12-month period are required to advance to the Insider Tier and qualify for Insider benefits.
Tier 3 – Ambassador
Purchases of $751 or more in a 12-month period are required to advance to the Ambassador Tier and qualify for Ambassador benefits.
More information below on the benefits and rewards connected to each Tier, or visit our FAQS for a current list of available benefits and rewards.
For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to certain charitable organization, value sets, select premium products and services, and other specified products.
Bonus Points
Other than purchases, you can earn points through activities such as:
- Registering to KORRES Circle: 10 points
- Joining the email list: 10 points
- Leaving a product review: 5 points
- Adding your birthday to your account details: 5 points
Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
Tier Benefits
Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
Tier 1- Friends:
- With every purchase we Give You Back your order value multiplied by 0.5 to redeem instantly
- Early Access to promos
- Exclusive Promos
- Free Shipping above $61 +
- Virtual masterclasses
- Birthday bonus points
Tier 2 – Insider:
- With every purchase we Give You Back your order value multiplied by 1 to redeem instantly
- Early Access to promos
- Exclusive Promos
- Free Shipping above $61 +
- Virtual masterclasses
- Birthday bonus points
- Quarterly QnA sessions via ZOOM
- Trip to NYC Contest in our flag store
Tier 3 – Ambassador:
- With every purchase we Give You Back your order value multiplied by 1.5 to redeem instantly
- Early Access to promos
- Exclusive Promos
- Free Shipping all orders
- Virtual masterclasses
- Birthday bonus points
- Limited edition collections
- Quarterly QnA sessions via ZOOM
- Trip to Greece Contest | KORRES behind the scenes
- You are one of us: Try Lab Samples & Score Products Pre-Launch
- Exclusive invitations to PR & Influencer Events
We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
If you have concerns that a purchase or other activity was not properly applied to your account, you should contact KORRES Customer Service at support@korres.com. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
How to Redeem Your Points
Customers can redeem their points in 3 different ways:
- Log in to their account and find available redeemable products on the My Circle Page.
- Log in to their account and find available products on the Redemption Page.
- Enter the product page and click on the redeem button.
Rewards can only be redeemed on the Site. Purchases made in department stores, specialty stores, stores not solely owned and operated by Partner or outside of the United States are not eligible for the Program.
Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
A guest user is defined as a user who does not have an account in the KORRES Circle Loyalty Program. They may have made a purchase before or registered for the KORRES Newsletter, but they have not joined the KORRES Circle Loyalty Program.
The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
Marketing Communications
By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program related emails, including Program marketing emails and (2) KORRES Online emails, including marketing emails.
You may opt-out of receiving Program or KORRES Online marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.
Termination and Modifications
The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting KORRES Customer Service at support@korres.com.
Disclaimer of Warranties; Limitation of Liability
NEITHER KORRES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT NEITHER KORRES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, NEITHER KORRES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
Governing Law and Disputes
This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.
Should have a complaint in relation to our loyalty program, please contact our help team directly through support@korres.com.
We aim to resolve problems promptly. If we cannot find an instant solution we will let you know how long we expect it to take. Once we have completed our investigations we will let you know our decision, and the reasoning behind it.
If you are not satisfied with the way your complaint has been resolved, or indeed the steps we have taken, you may wish to contact a dispute resolution scheme. We also welcome feedback directly as we strive to act in your interest and provide great customer service through fair decision making.
ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Billing; Payment; Ordering
Accuracy of Billing Information
You agree to provide KORRES your current, complete, and accurate payment and contact information for all purchases you make through our Services. It is your responsibility to ensure that all of your information is correct and up to date. You agree to update contact information and payment information promptly.
Payment
We accept the following bank or credit cards: Visa, MasterCard, American Express, Discover and PayPal. For your convenience, we can save your bank or credit card information. For express checkout you can also use Shop Pay or Google Pay. We offer our users After Pay services to pay their amount due in separate installments.
Third Party Providers.
We use and reserve the right to continue using third party payment providers (“Payment Processors”). Your electronic payment of fees through any Payment Processors is also governed by the Payment Processors’ terms of service and privacy policy. Currently, we use PayPal, Inc. (“PayPal”), Shop Pay (“Shopify”) and Google Pay (“Google”) as our Payment Processors for payment services (e.g., card acceptance and related services), but may add others from time to time. By making payments via the Service, you agree to be bound by PayPal’s, Shopify’s, and Google’s Terms of Service and Privacy Policy as applicable. You hereby consent to provide and authorize KORRES and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information.
Orders
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.
Some of the Services that we offer, such as “Subscribe and Save” service, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) KORRES (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY VISITING YOUR ONLINE KORRES ACCOUNT OR EMAILING THE KORRES CONSUMER EXPERIENCE TEAM AT SUPPORT@KORRES.COM FOR ASSISTANCE. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.
All orders of products must be for your personal use only. By purchasing products, you hereby agree not to resell or distribute such products for any commercial purposes. KORRES reserves the right to refuse any order you place through our Services based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. We will attempt to notify you of changes to or cancellations of your orders by using the contact information you provided when placing your order. If we suspect an order is being made by unauthorized dealers, resellers, or distributors, we will limit or prohibit the order.
Order Changes and Cancellations
KORRES kindly asks you to confirm all details of your order before placing it, as orders cannot be changed once they are in our systems/ystem.
- Returns and Exchanges
Except for gift cards, returns are accepted within 30 days of your order date for KORRES products. Returned items will be inspected and must be returned in unopened and original condition or gently used. Items marked as Final Sale and promotional items (e.g. free gifts with purchase, buy one get one free items) cannot be returned.
To return your products please email us at support@korres.com with your name, address, order number and the products you would like to return. After we receive your written request, we will respond with further instructions about returning the products to us. Return shipping labels are not covered as part of the return process.
After we receive your returned items, we will process your refund onto your original form of payment. Original shipping and handling fees and international surcharges will not be refunded. Please allow 14 business days from receipt of your returned item(s) for your refund to post.
- Termination and Modification of Services
KORRES may at any time, in its sole discretion terminate your use of the Services, with written notice to you. You may terminate your participation in our Services at any time. When you terminate your account, you will still be responsible for any payments you have yet to complete for any orders you made prior to the termination of your account.
- Disclaimers
Arbitration
YOU AGREE TO ARBITRATE ALL DISPUTES RELATED TO THE SERVICES, AT PRESENT AND IN THE FUTURE. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES WITH ANYONE (INCLUDING KORRES AND ANY EMPLOYEE, OFFICER, DIRECTOR, SHAREHOLDER OR BENEFIT PLAN OF KORRES IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OR OTHER RELATIONSHIP WITH CHANGE MAKER, INCLUDING ANY BREACH OF THESE TERMS, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.
Limitation of Liability
IN NO EVENT SHALL KORRES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER CHANGE MAKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL KORRES’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE VALUE OF YOUR TRANSACTION WITH KORRES.
Indemnification
By using our Services, you agree to indemnify, defend, hold harmless, KORRES, its affiliates, and the officers, directors, employees, licensors, service providers and agents of KORRES and its affiliates, from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs resulting from or arising out of your connection to and use of our Services, your violation of these Terms, or your violation of any law or rights of a third party.
Governing Law
All claims related to these Terms shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under these Terms, you hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York.
- General Terms
Severability and Waiver
If a court or other body of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms will continue in full force and effect.
Waiver by KORRES of a breach of any provision of these Terms will not operate as a waiver of any other or subsequent breach.
Entire Agreement
You agree that these Terms constitute the entire agreement and understanding between you and KORRES with respect to your use of the Services.
Notice to California Users
Under California Civil Code Section 1789.3, California users of electronic Site are entitled to the following notice: you can contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210.
If you have any questions regarding these terms, please email us at support@korres.com.
KORRES U.S. PRIVACY POLICY
Version 4.0 (Last Updated June 3, 2024)
KORRES (“KORRES,” “we,” “us”) collects, stores, and processes information from members, KORRES website (“Site”) visitors, and users (“you”) of our Services. KORRES values your privacy and works hard to protect your information. This Privacy Policy (the “Policy”) describes the information we collect from you when you interact with our website, the websites of any of our affiliates or subsidiaries (the “Affiliates”), or visit our physical locations (collectively, the “Services”).
If you do not want us to collect or use your information according to our Policy, please do not use the Services.
From time to time, we may update our Privacy Policy, and it is subject to change. We will post the new Privacy Policy on our Site and in Stores with a new effective date to notify you of these changes. The new Privacy Policy will apply to all current and past users of the Services as of its Effective Date and will replace any prior policies. In addition, in accessing the Services on or after the Effective Date, you are deemed to consent to our then-current Privacy Policy.
Below, you will find our Policy separated into sections describing all aspects of our data collection practices. The sections are:
- Summary
- Consent to Data Collection
- What Information We Collect
- How We Collect Your Information
- How We Use Your Information
- Cookie Policy
- Why We Collect and Use Your Information
- Data Transfers
- Sharing Your Information
- Marketing Communications Choice and Opt-Out
- Targeted Advertising
- Confidentiality and Security
- Mobile Marketing and Communication
- HIPPA
- Third-Party Services
- Your California Rights
- Contact Us
- 1. Summary
Our Privacy Policy is written to clearly explain and describe to you how we collect, use, share, and disclose the information collected by KORRES through our Services. We have divided our Policy into two different sections: (1) this succinct summary section that provides a general overview of our privacy practices; and (2) a more comprehensive policy outlining the specifics of what information we collect, how and why we collect that information, and your rights in regard to your data. In the bullet points below, you will find key areas of our Policy of which you should be aware. We encourage you to read the full policy before providing us with your information.
- We collect personal information in a few principal ways, including information you provide directly to us, information we gather from your use of our Services, and information we receive from third parties.
- We may share your information from time to time with third parties, including information necessary to provide you with our Services.
- You may request: a deletion of, a copy of, rectification of, restriction of, object to processing of, or a transfer of your data by emailing your request to support@korres.com. Or you may go to your privacy choices page and customize your privacy options.
- While it is not possible to guarantee that your information will remain entirely secure, we use commercially reasonable efforts to secure your information.
This website is not directed toward or intended for use by children or anyone under the age of 18. We do not knowingly collect information from anyone under the age of 13.
The Services are governed by and operated in accordance with the laws of the United States and are intended for users located in the United States. KORRES makes no representation that the Site is governed by or operated in accordance with the laws of any other country. If you are located outside of the U.S., including the European Union, since our Services are intended for users located in the U.S., information we collected will be collected, processes and stored in the U.S. The data protection laws in the U.S. may differ from those of the country in which you are located, and you waive any claims that may arise under those laws. You understand that your Personal Information may be subject to access requests from governments, courts, or law enforcement in the U.S. according to the laws of the U.S.
By using the Services or providing us with any information, you consent to the collection, transfer, processing, and storage of your information in and to the U.S. You are also consenting to the application of the U.S. federal and New York state Law in all matters concerning the Services and Privacy Policy.
By accessing and using our Services, you accept all terms and conditions set out in this Policy. Before using our Services, you should read the Policy in its entirety and return to this page periodically to review any changes. We may update this policy from time to time and by continuing to use our Services after such updates you consent to those changes.
Text Messages. We use cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages via SMS.
- Consent to Data Collection
By using our Services, you consent to the collection of your personal information either by collecting the information directly from you or by our tracking technologies, like cookies. You also consent to KORRES collecting and using your information as described in our Policy.
We retain collected information only as long as it takes to fulfill the services for which the information was collected, unless otherwise required by law.
- What Information We Collect
The Types of Data We Collect
KORRES collects both Personal Data and Anonymous Data
Personal Data. “Personal Data” is data that someone could use to individually identify or contact you. This includes information like your name, email address, telephone number, or address. It can also include non-public information of yours that is either associated with or linked to any of the data mentioned above.
Sensitive Personal Information. “Sensitive Personal Information” is a specific subset of Personal Data that includes certain government identifiers (such as social security numbers), an account log-in, debit or credit card numbers in combination with any required access code/password, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail or emails, text messages unless business is the intended recipient of the communication, and genetic data.
Anonymous Data. “Anonymous Data” is data that is neither associated with nor linked to your Personal Data. Anonymous Data on its own cannot identify you individually.
Categories of personal information we collect that you voluntarily provide include your name, shipping/billing address, telephone number, email address, and social media username.
Account Information. When you sign up for an account, we collect certain information about you. This includes basic information such as your email address, name, phone number, and address. If you fill out any surveys through your account, we keep that information as well. We may also collect information about your interest in and use of various products, services, and content you access through our Services.
If you choose not to provide Personal Information to us, you may be unable to purchase products, take advantage of offers and content on our Site or otherwise access certain aspects of the Services.
We collect this information for the following business purposes: to enable you to purchase or order a product, to enable you to join our customer loyalty program the “Circle Rewards Program”, to submit a product review or to otherwise engage with our Services.
Social Media. You may be able to link some social media accounts to our Services. If you link such social media accounts, we may access surface level profile information from your account including your name, profile picture, contact list, username, pictures and videos, gender, birthday, location, people you follow and/or who follow you, and the posts you make or posts you “like.” By linking your account, you consent to KORRES collecting any linked information in accordance with this privacy policy. If you do not wish to share certain information from another social media account, you should change your preferences on that account. Any information from another social media service is subject to the data protection practices of the social media network itself and is not controlled by KORRES. As such, you should read through the privacy policy of any social media service you wish to link to before linking the account with our Services.
Device and Technical Information. As is true of most websites, when you access our Services through your computer or smartphone, we automatically collect information about the device you are using, including: your browser type, your operating system, your IP address, your Internet service provider or mobile carrier, IDFA, MAC address, and unique device identifier. We also collect crash logs, reports on bugs, feedback on our services, support requests, and certain device usage information. You can deactivate cookies through your own browser settings. Each browser is unique, therefore look at your browser’s Help menu to learn the correct way to modify your cookies. Remember, many of our Services may not function properly if your cookies are disabled.
Financial Information. When you purchase a product through our Services, we save your purchase for internal audit purposes or to send you additional content and product offerings in order to complete your transaction. However, we do not collect or retain the card information. We use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly by you to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are:
- Shopify.com
Location Information. We may collect precise or approximate location information, such as country or address, when you either provide it to us directly, through device information, or other means. For instance, if you access our Services through your computer or mobile device, we may collect your precise device location through your IP address for security, regulation, and performance considerations. You can restrict what location information you provide to KORRES through your device settings. When you make a purchase at one of our physical locations, we will have a record of your location fir that purchase. You may set your web browser software to reject tracking technologies. Please note that the opt-out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.
Information From Other Sources. We may collect information from other sources such as companies and sponsors for co-branding events to give you access to promotions, sweepstakes, and other specific event information.
- How We Collect Your Information
Information Collected Directly From You
We receive information you provide to us when you: (1) create an account by using our Services (including a shopping account online, an account to review products, a customer loyalty account or any other type of account); (2) make a purchase; (3) contact us via any customer service method; (4) subscribe for email, text, or other messages ; (5) participate in surveys, sweepstakes or promotions; (6) apply for employment opportunities; (7) work with our associates who provide you with in-store or online Services; (8) download or use our Website; or (9) otherwise communicate information to us.
We collect device information through the use of cookies, web beacons, pixels, and other similar technologies either used by us or used by other entities on behalf of KORRES.
Categories of Personal Information Collected From Third-Parties
We may collect information from third parties such as social media websites you link to, co-sponsors, and credit card processing companies.
We use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
- How We Use Your Information
Communications With Users. We may contact you by email, phone calls, text messages, or physical mail to inform you about orders you have made.
Marketing and Promotions. We use your contact information, including your email address, phone number, and physical address, from time to time to send you marketing and promotional materials regarding our Services or other offerings. These materials include sponsored content or information on upcoming specials or opportunities. You may opt-out of or change your preferences for marketing communications at any time by either clicking the “Unsubscribe” button within the communications or by emailing your request to support@korres.com.
Technical Improvements. We use technical and usage information to improve our Services and make your experience with our Services more enjoyable, improve accuracy of information, reduce waiting times, improve product offerings, and to perform analytics on our Services.
Compliance. To ensure that our services are in compliance with legal obligations and our own Terms of Use, we collect information to detect, investigate, and prevent activities that may violate the KORRES Terms of Use, infringe on the copyright of another, be fraudulent or otherwise illegal, or to ensure the safety of other users.
- Cookie Policy
We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in KORRES Cookies & Similar Technologies Policy.
- Why We Collect and Use Your Information
We collect your information under the lawful bases of legitimate interest, consent, and contract. To provide you with the best and most relevant experience with our Services, our legitimate interest is to track consumer insights and needs and provided a tailored satisfactory experience. We also collect what you allow us to collect and what you voluntarily provide and what is necessary to fulfill our contracts with you. You may withdraw consent at any time by emailing support@korres.com. When you sign up for an account with KORRES or our Affiliates, we collect and keep information on the basis of contract and will keep and use your information in order to execute our purchases with you.
- Data Transfers
We may transfer your data outside of the country in which it was collected. We may need to do this in order to fulfill orders or complete transactions with you. Other countries may not have the same rules, regulations, or protections of your country or the country in which your data was collected. When transferring data across borders, we ensure that any entity with which we share that information will protect your data according to our privacy policy through contractual clauses.
- Sharing Your Information
We may share and disclose certain information with third parties in the following ways or for another purpose disclosed at the time of collection:
- With Your Consent. We may disclose Information when you provide us with your consent to do so.
- Legal and Law Enforcement Purposes. If it is necessary to respond to legal process, we may disclose your information to a court or law enforcement agency. We may also disclose Information to third parties: (i) in connection with fraud prevention activities, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, and (v) as otherwise required by law.
- Change of Control. In the event of a business transaction whereby we or one of our subsidiaries or relevant assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.
- Service Providers. We may give our agents and contracts (“Service Providers”) access to certain Information in order for them to help carry out the services they are performing for us, such as, but not limited to: creation of the Site, maintenance of the Site, hosting the Site, delivery of KORRES Services and products that you request, conduct authorization and payment processing, email and order fulfillment, fraud protection, administer contests, conduct research and analytics, product customization, serving certain types of advertisements to you, marketing and promotional material distribution (including direct mail marketing) and/or customer service. We require Service Providers to protect the Information consistent with this Policy through contractual obligations.
- We may disclose Information to affiliates. We require all our affiliates to protect any Information we share with them according to our Privacy Policy through contractual obligations.
- Business Partners and Third Parties. We may share your information with certain business partners or Affiliates. (e.g., other companies, retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, participatory databases, publishers, and non-profit organizations) that may want to market products or services to you. If we share personal information with such unaffiliated third parties for their own marketing purposes, we provide you with an opportunity to opt out of such uses either at the point of collection or through the choice mechanisms set forth in this Privacy Policy.
- Linked Sites. Some of our websites may contain links to social media sites whose information practices may differ from ours. Information you submit to those other linked sites are governed solely by their privacy policy and terms of use or service. Such third-party sites are not owned or operated by Korres, they may use our logo as party of a co-branding, co-marketing or affiliate agreement. We do not control or endorse and Korres is not responsible for the services or the privacy policies of websites to which it may link. This Privacy Policy applies solely to information collected by Korres. These other sites may send their own cookies or other tracking devices.
- Sponsors and Co-Promotions. We may sometimes offer content or programs that are sponsored or co-branded with identified parties. The sponsoring or co-branding parties may collect or obtain certain Information from visitors that participate in the activity. We have no control over these sponsoring or co-branding parties’ use of this Information. We encourage you to visit the privacy policy of any such sponsoring or co-branding party to learn about their data protection practices prior to providing Information through sponsored or co-branded content or programs.
- KORRES has the right to refuse to honor your request to delete any of your Personal Data if it is necessary to exercise the right of freedom of expression and information, to comply with any legal obligation that may require processing of your Personal Data, for reasons of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defense of legal claims. KORRES may also refuse to delete or delay deleting information if it is necessary to carry out a contract we have with you.
KORRES does not use your Personal Data to make any automated decisions about you.
- Marketing Communications Choice and Opt-Out
We want to communicate with you only if you want to hear from us. You may choose to stop receiving our marketing emails by following the unsubscribe instructions included in the emails and the bottom of our home page on the Site, updating your communications preferences in your membership account on our Site or contacting us at support@korres.com. Please note however, that as a user of the Service, you cannot opt-out of some administrative communications that are reasonably necessary to the service, such as billing or service notifications.
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may access, update or correct any of your personal information in your account by editing your profile within your account. You may request access, updating or the correction of inaccuracies in other personal information in our custody or control by writing or sending an email to us at support@korres.com.
We reserve the right to retain any personal information reasonably necessary to appropriately document our business activities and for archival and record retention purposes to the extent permitted by law, including the California Consumer Privacy Act of 2018 (“CCPA”) and its attendant Proposed Regulations, as applicable. We will store personal information for as long as reasonably necessary for the purposes described in this Privacy Policy. You may have a right to request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request where required by law, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
- Targeted Advertising
We may share email addresses (in a hashed or de-identified form) that have been provided to us by our registered users, with network advertisers and ad exchanges (including SNSs), to serve targeted advertisements to you about our goods and services. We may work with third parties and our Service Providers, such as network advertisers and ad exchanges that use tracking technologies on our websites in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet and we may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities (including past visits to our websites) across the Internet and mobile media (“Targeted Advertising”).
Targeted Advertising (also known as Behavioral Ads) uses information collected on an individual's web browsing behavior on one website (such as the pages they have visited or the searches they have made) in order to target advertising to that individual on another website. Targeting called Cross Device Tracking can also take place across devices such as tablets, smartphones, laptops and smart televisions. Third parties collect this information by placing or accessing cookies or other tracking technologies in your browser when you visit this, or other, websites.
Behavioral Ads enable us to target advertisements to you for products and services in which you have demonstrated an interest. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you.
Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties.
While sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp , which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members not mean you will no longer receive any targeted content and/or ads. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/rs no longer will be allowed under their own rules to deliver Behavioral Ads to you, but do. Please note, if your browsers are configured to reject cookies when you visit an opt-out page, or you subsequently erase your cookies, use multiple devices or change web browsers, your opt-out may not, or may no longer, be effective. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
- Confidentiality and Security
KORRES takes your privacy concerns very seriously and protects your information by appropriate technology, policies, and procedures to prevent unauthorized use, access, disclosure, modification, copying or destruction, and to maintain the integrity. We protect your information both online and offline. We only process your Personal Data fairly and lawfully after receiving your consent and we do not use your Personal Data in any manner inconsistent or incompatible with the purposes for which KORRES collects the information. KORRES may retain your personally identifiable information as long as there is a business requirement, or if otherwise required under applicable laws.
To prevent unauthorized access, maintain data accuracy and ensure appropriate use of information, Korres has put in place appropriate physical, electronic and managerial procedures to protect your personal information. However, KORRES cannot guarantee its absolute security, as no method of transmission over the Internet, or method of electronic storage, is entirely secure.
- Mobile Marketing & Notifications
The Korres USA mobile message service (the "Service") is operated by KORRES (“Korres USA”, “we”, or “us”).You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. By consenting to Korres USA’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Korres USA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). For more information about text messages, see our Terms and Conditions. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). (“Mobile Terms”).
To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message.
We reserve the right to modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We will use the information we obtain in connection with our SMS/text messaging in accordance with this Policy. We collect the following personal information about you in the context of our text messaging program: your name, mobile phone number, and texting preferences (opt-ins and opt-outs). We use this information to manage our text messaging program, including to send you text messages. Your wireless carrier may collect data about your wireless device usage, and its practices are governed by its own policies. We take measures to protect your sensitive personal information but cannot guarantee its security in transit or storage. All above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Korres USA. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18557881650 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Korres USA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18557881650 or email support@korres.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
- HIPPA
KORRES is not an entity that is covered by HIPAA. The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the "covered entities") and their service providers ("business associates"). This means that the information that you provide to KORRES is not protected by the HIPAA privacy rules and regulations.
- Third-Party Services
Categories of Third-Parties With Whom We May Share Your Information Third parties we may occasionally share your information with include financial services companies, business partners, co-sponsors, analytics services, email service providers, cloud service providers, fulfillment services, technical support, delivery services, and marketing platforms.
Korres preforms due diligence on Third Party Service Provider’s adherence to applicable privacy regulations.
- Your California Rights
As a California resident, you have been granted additional rights by the California Consumer Protection Act (CCPA) and its amendment, the California Privacy Rights Act (CRPA, 2023), collectedly referred herein to as the CCPA. The CCPA applies to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California consumer or household (“California Information”). Your general rights regarding California Information include the right to:
- Access and request disclosure of California Information collected by KORRES, on or after January 1, 2022, including from whom it was collected, why it was collected, and, if sold or shared, to whom
- Opt-out of processing your California Information
- Opt-out of the selling or sharing of your California Information
- Know and opt-out of having your California Information used in automated decision making and targeted advertisements
- Correct inaccuracies of your California Information
- Limit the intended use of your California Information by KORRES
- Delete your California Information and request third-party suppliers erase your California information
- Send your California Information to another business entity and receive your California Information in a transmittable format
- Equal services and prices when exercising any rights
The Selling of Your Personal Data
KORRES does not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for certain targeted advertising on our website, California Residents may still indicate an opt-out election.
KORRES does not sell your Personal Data at this time, but you can email us at support@korres.com to request that your information not be sold in the future should our practices regarding selling data ever change.
Requesting Disclosure. If you are a California resident, you have the right to request that KORRES provide information to you about our practices related to disclosure of your Personal Data to particular third parties for their direct marketing purposes. You may be able to opt out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. You can send requests for such disclosure to support@korres.com (with the subject line of “Your California Privacy Rights”).
As a California resident, you may also request more specific information like:
- The categories and specific pieces of your California Information that we have collected
- The categories of sources from which we collect California Information
- The business or commercial purposes for which we collected or sold California Information
- The categories of third parties with which we share California Information
- The categories of third parties to which we have sold California Information and the categories of California Information sold to each third party
- The categories of California Information that we have shared with service providers who provide services for us, like processing your payments
No Discrimination. KORRES is committed to honoring your California rights. As such, you will never be denied or charged different prices or rates for either goods or services or provided with differing levels of quality of goods or services, should you choose to enforce your California rights.
Consumers Under 16 Years Old. CCPA has specific rules regarding the use of California Information from consumers under 16 years of age. In particular, consistent with the CCPA, if we knowingly collect the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so. If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission.
- Contact
If you have any questions regarding this Privacy Policy, please contact our Data Protection Officer either by email at support@korres.com or by mail.
KORRES
80 Maiden Lane
New York, NY 10038
KORRES U.S. COOKIEs & SIMILAR TECHNOLOGIES POLICY
We think it is important for you to understand how cookies and other similar technologies are used by KORRES. These technologies help KORRES function, allow us to understand how you use the Services, and have a number of purposes, beyond just advertising, that you can read about in this policy.
In this policy, we'll refer to KORRES.com as the “Site”. We'll refer to the Site, KORRES Payments, and our other services collectively as the “Services.” We’ll refer to cookies and similar technologies collectively as “Cookie Technologies.”
- Types of Cookie Technologies
- Purposes
- Consent, Contract, and Legitimate Interests in Processing
- Managing your Cookie Technology Preferences
- Contact Us
- Types of Cookie Technologies
Cookies
When you visit our website, we will request to store a small text file on your computer, called a cookie. Cookies are small data files sent from a server to your web browser. They are stored in your browser’s cache and allow a website or a third party to recognize your browser. Cookies allow us to remember certain information about you so that we may recognize you when you return to our website. It remembers information like language preferences or log-in information. The cookies we set on your device are first-party cookies, whereas third-party cookies are cookies that we may store on your computer that originate from a domain other than ours. We may use third-party cookies for advertising or marketing purposes.
There are three primary types of cookies:
- Session cookies are specific to a particular visit and carry information as you view different pages, so you don’t have to re-enter information every time you change pages or attempt to checkout. Session cookies expire and delete themselves automatically in a short period of time like after you leave the Site or when you close your web browser.
- Persistent cookies remember certain information about your preferences for viewing the site and allow KORRES to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.
- Third-party cookies are placed by someone other than KORRES and may gather browsing activity across multiple websites and across multiple sessions. They are usually a type of persistent cookie and are stored until you delete them, or they expire based on the time period set in each third-party cookie.
Cookies store data about your use, but they are helpful because they allow us to help KORRES function and customize your experience. You can configure your desktop or mobile browser's settings to reflect your preference to accept or reject cookies, including how to handle third-party cookies.
Other Technologies
In addition to cookies, there are other similar technologies used by KORRES and elsewhere on the web or in mobile ecosystems.
- Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with a unique identifier that are used to understand browsing activity. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are rendered invisibly on web pages when you open a page.
- Social widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by the third parties.
- UTM codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.
- Local Storage Objects: These are sets of data that can be stored on your browser by a site or app. They can be used to maintain preferences, a history of usage, or even the state or settings of a site or an app.
- Internet of Things identifiers: Like mobile identifiers, internet-connected devices such as voice activated assistants or smart TVs may send identifiers and other data analogous to web browsers.
- Purposes
KORRES uses Cookie Technologies to recognize your logged-in state on the Site, to understand what purchases members and visitors are interested in, to make the KORRES Site function for you, and to help your browsing experience and use of the Site and Services feel more customized. More generally, KORRES uses Cookie Technologies for the following.
Security and Authentication (Strictly Necessary)
Some cookie and similar technology functions are necessary and vital to ensuring that KORRES works properly for visitors and members, such as maintaining the security, safety, and integrity of the Site, authentication and logging into KORRES (including remembering permissions and consents you have granted), and ensuring the ability to securely complete transactions. We also use these cookies to do things like display out content, load pages, allow you to navigate the website, and facilitate payments through our services.
Here is a description of the Necessary Cookie Technologies that are used by KORRES, along with their respective privacy policies and options for controlling your privacy on these platforms.
Necessary
Name/Network |
Use |
Third-Party Privacy Policies |
Iovation |
Combat Fraud |
|
Signifyd |
Combat Fraud |
|
Threatmetrix |
Combat Fraud |
|
Recharge |
Creates subscription plans for users |
|
GeoIP Redirection (Shopify) |
Redirects language and currency for users |
|
accessiBe |
ADA Compliance |
|
Stripe |
Credit Card payment processor |
Account and User Preferences
Some technologies are used to remember your account and preferences over time, such as keeping yourself logged in when returning to KORRES, maintaining your choices on KORRES features and how you want KORRES to appear (including keeping track of your preferred language and country), and customizing content based on how you use KORRES.
Social Networks
Some technologies help you to interact with social networks you are signed into while using the Services, such as sharing content with the social network, logging in with the social network, and other features you employ with the social network, or that are allowed in the social network’s privacy policy. These may be set and controlled by the social networks, and your preferences with those social networks.
Social networks may also work with KORRES or with you for analytics or for marketing purposes, as discussed below. You may be able to manage your privacy preferences for these social networks and their tools and widgets via your account with the social network.
Performance and Analytics
Some technologies help provide performance data on how the Services are functioning in order to improve KORRES and the Services, including, for example, data on site and app functionality and speed to help us optimize KORRES, how the Services are used to help us improve your experience on KORRES, and detecting and gathering reporting on bugs to help make KORRES work better.
In addition, KORRES may employ transient technologies, including cookies or local stored objects, for site performance, experiments, form information, and interactions with the site, and may use temporary, short-term cookies for limited-time site events such as sales and promotions.
The Site employs Google Analytics to help understand how KORRES is used by its community. For some of the advertising features listed below, like retargeting, data from Google Analytics may be combined with KORRES’s first-party data and third-party cookies (like Google’s advertising cookies) as permitted by Google’s and KORRES’s respective policies. To see how to opt-out of Google Analytics Advertising Features, see Managing your Cookie Technology Preferences at the bottom of this policy.
You can find more information on how Google Analytics works in this Google guide and on Facebook App Events here.
Here is a description of the Performance Cookie Technologies that are used by KORRES, along with their respective privacy policies and options for controlling your privacy on these platforms.
Performance and Analytics
Name/Network |
Use |
Third-Party Privacy Policies |
Google Tagmanager |
Management of cookies and tags for marketing and non-marketing functions |
|
Google Analytics/ Audience |
Analyze the use of our website |
|
Klaviyo |
Web tracking |
|
Hotjar |
Web analytics |
https://www.hotjar.com/legal/policies/privacy/ https://help.hotjar.com/hc/en-us/articles/115011789248-Hotjar-Cookies |
Amplitude Analytics |
Analytics and marketing |
|
Share-a-sale |
Web tracking |
Marketing Services
KORRES partners with third-party service providers that may use various Cookie Technologies to permit us and them to learn about which ads you see and click when you visit KORRES, the Site and affiliated sites or to show you ads on and off KORRES. These may include things such as:
- Frequency capping, which limits the number of times a user’s browser or mobile device displays the same ad;
- Attribution tracking, which estimates which advertising or marketing source brought someone to KORRES, or determines which marketing source led to actions like a visit or a purchase;
- Remarketing and retargeting, which shows relevant ads to an audience based on prior shopping and browsing patterns on KORRES;
- Audience targeting, which refers to targeting advertisements to a large audience based on the audience’s known or inferred demographics; and
- Cross-device recognition, which recognizes actions across multiple devices or browsers.
Some third-party service providers may provide information like demographics, cross-device information, or interest categories from a combination of sources that, while not identifying you personally, permit us to provide you with more relevant and useful advertising. In some cases, this information may have non-marketing performance analytics uses as well.
These technologies allow a partner to recognize your computer, mobile device or network device (like an IoT device such as a voice-activated assistant or smart TV), each time you visit KORRES or other websites and mobile applications based on data like a cookie, your IP address, or device ID, but do not allow access to other personal information from KORRES. However, these technologies may allow us or a third party to recognize you, either from a single device or across devices, over time. These third parties are required to follow applicable laws, self-regulatory programs, and KORRES’s data protection rules where applicable. KORRES does not have control over these third parties, who each have their own privacy policies and privacy practices. KORRES adheres to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising.
For audience targeting, KORRES may share hashed identifiers that represent an email address or name with partners Google and/or Facebook so they can provide KORRES with audiences interested in specific types of products and services. Google and/or Facebook will only provide this information, and can only identify you, based on their separate policies and agreements with their users.
Here is a description of the Advertising/Marketing Cookie Technologies that are used by KORRES, along with their respective privacy policies and options for controlling your privacy on these platforms.
Advertising
Name/Network |
Use |
Third-Party Privacy Policies |
Bing Ads |
Marketing |
https://privacy.microsoft.com/en-us/PrivacyStatement https://about.ads.microsoft.com/en-us/resources/policies/privacy-and-data-protection-policies |
Bounce Exchange (Now Wunderkind) |
Targeting tag |
|
Criteo |
Contextual Targeting |
|
Yotpo |
Visual Marketing |
|
|
Social Media functionality |
|
Facebook Custom Audience |
Track conversions and website visits from our advertisements placed on Facebook. |
|
DoubleClick; DoubleClick Bid Manager |
Track advertisements and measure website visits and conversions. |
|
Google Ads;
|
Marketing |
|
Google Dynamic Remarketing |
Advertisements related to the Site
|
|
LiveRamp |
Data Connectivity |
|
Digital Window |
Affiliate Marketing |
- Consent, Contract, and Legitimate Interests in Processing
Certain Cookie Technologies are employed to make the Site function for its intended purpose and are provided based on contractual necessity based on your agreement with KORRES to perform the services you have requested. These include the functions strictly necessary to the service noted above.
By choosing to use our Services after having been notified of our use of Cookie Technologies in the ways described in this Policy, and, in applicable jurisdictions, through notice and unambiguous acknowledgement of your consent, you agree to such use. More information is laid out in our Privacy Policy.
- Managing Your Cookie Technology Preferences
You have the ability to control the use of certain Cookie Technologies. You can opt out of third-party marketing cookies and similar technologies via the Privacy Settings link available at the bottom of most KORRES site pages, or via the GDPR Preferences link for users in the European Union and EEA.
Opt-in and Opt-out for Browsers
In addition, when you use KORRES via a browser, you can change your web browser's settings to reflect your cookie preferences. Each browser is a little different, but usually these settings are under the "options" or "preferences" menu. The links below provide information about cookie settings for the browsers supported by KORRES:
Opt-out of Third-Party Networks
If you do not wish to have this information used for the purpose of serving you interest-based advertisements, in addition you may decline to receive interest based ads through TrustE/TrustArc’s preferences manager (or if you are located in the European Union click here). Please note this does not stop you from being served advertisements. You will continue to receive generic advertisements. If you reject or block all cookies in your browser settings, you will not be able to take advantage of KORRES's Services as some cookies are necessary for the Site to function properly.
You can learn more about managing your preferences for ads online, particularly for many third-party advertising networks, through resources made available by the Digital Advertising Alliance at https://www.aboutads.info or the Network Advertising Initiative at https://optout.networkadvertising.org.
Google Analytics Opt-out
For Google Analytics Advertising Features, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.
Third-Party Tools
Various third parties provide browser plug-ins and apps that can help provide you information on and limit or block third-party cookies, web beacons, and some Javascript-based technologies. KORRES cannot vouch for the efficacy of a particular third-party product, but popular products that provide these privacy enhancements include Ghostery and AdBlock Plus.
Both Google and Facebook provide tools to control use of advertising on their respective platforms, including advertising on and with KORRES. More information can be found in your account settings on the respective platforms, including in Google’s Privacy Center and in Facebook’s Ad Settings.
Third Party Device Opt-out
For third party IoT devices such as voice activated assistants or smart TVs, consult with the manufacturer and/or service provider for the opt out mechanism for their respective devices and services.
- Contact Us
Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
Privacy policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/
Your rights : https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/
If you have questions about the use of Cookie Technologies at KORRES, please contact our Data Protection Officer either by email at support@korres.com or by mail.
KORRES
80 Maiden Lane
New York, NY 10038
KORRES USA LTD (hereinafter “KORRES”) – Dealer/Reseller Terms and Conditions of Authorized Resale
KORRES, recruits and sells to parties seeking to resell KORRES’s products to end users, and to be identified as authorized dealers. By virtue of, and in exchange for, the right to be an authorized dealer (“DEALER”) of KORRES’s products, and in exchange for the continuing right to purchase KORRES’s products for resale, upon being approved as a DEALER by KORRES, every DEALER of KORRES’s products agrees to be subject to, and bound by, the provisions of these “Dealer/Reseller Terms and Conditions of Authorized Resale” (“TERMS AND CONDITIONS”) set forth below, review of which is incumbent upon every DEALER.
1. Minimum Advertised Pricing (“MAP”) Policy
The products covered by KORRES’s MAP policy are listed in the price list provided to DEALER by KORRES (“MAP Products”), and as updated or amended from time to time. MAP Products may not be advertised or offered for sale below the prices identified by KORRES for MAP Products. KORRES may, in its sole discretion, modify the list and prices of MAP Products from time to time. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone. “Bundling” or advertising KORRES products for sale together with other products will violate this MAP Policy when: i. the effective or stated price of the bundle represents a discount of greater than 10% of the MAP; or ii. the product(s) bundled with MAP Products violate KORRES’s Intellectual Property rights; or iii. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s).
2. Sell to Retail Consumers and End Users Only
DEALER may not sell in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers. DEALER may only sell to consumers or end users.
3. Only Sell KORRES Products in Original Packaging
DEALER may not alter original KORRES packaging in any way prior to reselling KORRES products. Removing KORRES products from packaging and reselling KORRES products in a different packaging or under a different name is strictly prohibited.
4. Customer Confusion
DEALER will not advertise, market, display, or demonstrate non-KORRES products together with KORRES products in a manner that would create the impression that the non-KORRES products are made by, endorsed by, or associated with KORRES.
5. Sell on Approved Retail Website(s) Only
DEALER must only take orders via publicly accessible ecommerce enabled web pages hosted on approved websites owned and operated by your DEALER. Selling on 3rd party sites (eBay, Amazon, Alibaba, etc.), drop- ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is strictly prohibited.
6. Trademark and Branding Policy
KORRES’s trademarks and trade dress are protected in United States, and may not be used without KORRES’s written permission. KORRES’s trademarks and trade dress include phrases or images that identify the source or origin of KORRES’s products. DEALER may use KORRES’s wordmarks and logos in truthful and factual statements to communicate that the KORRES products that DEALER offers for sale are genuine branded KORRES products.
DEALER may not alter or modify KORRES’s marks or logos, or use them in a confusing way that suggests that KORRES sponsors or endorses DEALER or DEALER’s products or services, or confuses the KORRES brand with another brand. Notwithstanding the preceding provision, DEALER may, and is encouraged to identify itself as an “Authorized Dealer of KORRES.”
7. Order and Payment Terms
DEALER shall be subject to a minimum quantity per order of KORRES’s products. DEALER shall place at least one order per year, in order for KORRES to identify DEALER’s location(s) as a location where retail purchase of KORRES’s products may be made.
Payment terms for KORRES’s products shall be Net 30 days FOB at the shipping point. Payment for KORRES’s Products shall be made by the DEALER, without any deduction, setoff or bank charges, by check, credit card, money order, or PayPal®. DEALER will pay interest at the rate of 1.75% per month on any accounts or payments for orders more than 30 days overdue. DEALER will pay all expenses associated with collecting any debt which is more than 30 days overdue, including but not limited to, court costs, actual attorney’s fees, and/or cost of a collection agency. The terms set forth above in this paragraph shall operate and as the only terms and conditions of payment operative and effective as between KORRES and DEALER.
The title to KORRES’s products shall remain with KORRES until the products have been paid for by the DEALER, and DEALER may not resell KORRES’s Products until they have been paid for.
8. Termination
KORRES shall have the right to terminate its relationship with DEALER and the rights under these TERMS AND CONDITIONS at any time, and at KORRES’s sole discretion. DEALER shall have the right at any time to terminate its relationship with KORRES and its obligations under these TERMS AND CONDITIONS, upon thirty (30) days written notice to KORRES. Any such termination shall not affect any of the DEALER’s pre-termination obligations hereunder.
9. Agency
Neither KORRES or DEALER shall be authorized to waive any right, or assume or create any contract or obligation of any kind in the name of, nor on behalf of, the other or to make any statement that it has the authority to do so. Nothing in these TERMS AND CONDITIONS shall be construed as establishing a partnership, joint venture, agency, employment, or other similar relationship between KORRES or DEALER. DEALER’s status and obligations hereunder, as an authorized DEALER, may not be transferred or assigned.
10. Miscellaneous
These TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of the State of New York without reference to its conflict of laws provisions. Except as otherwise expressly provided in these TERMS AND CONDITIONS, the rights, powers, remedies, and privileges provided in these TERMS AND CONDITIONS are cumulative and not exclusive of any rights, powers, remedies, and privileges provided by applicable law. KORRES and DEALER agree that any controversy, claim or dispute arising under or relating to this Agreement, including, without limitation, the existence, validity, interpretation, performance, breach or termination thereof, shall be brought and decided in the state or federal courts of the State of New York, and the prevailing party in any such controversy, claim or dispute, shall be entitled to an award of actual attorney’s fees and costs.