Terms & Conditions
LAST UPDATED: June 1, 2021
Thank you for visiting us at Kathy Kuo Home. We're so excited to bring beautiful furniture and decor to your home. To ensure your best shopping experience, please review this Terms and Conditions page ("Terms") in its entirety prior to placing your order. These Terms will outline in detail your access to and use of our website and online services ("Services") provided by Kathy Kuo Designs, LLC. ("Kathy Kuo Home", "KKH", "We", "Us") as well as your purchase of products agreement.
BY PLACING AN ORDER WITH KATHY KUO HOME, YOU AGREE TO THESE TERMS AND ALL TERMS INCLUDED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE OUR PRODUCTS OR USE THE SERVICES WE PROVIDE.
We reserve the right to change or revise these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by updating the "Last Updated" date at the top of this page. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that will apply when you make your purchase.
If you have any questions, comments or concerns about these Terms, please do not hesitate to contact us at cs@kathykuohome.com.
1. Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose your information.
2. Eligibility
Our Services are not intended for use by anyone under the age of 18. By using our services or making a purchase, you warrant that you: a) are 18 years of age or older; b) have not been previously suspended or removed from using our Services; c) have not engaged in any activity that could result in suspension or removal from our Services; d) have full power and authority to enter into these Terms.
3. Registration and Accounts
When you register to create an account with Kathy Kuo Home, you agree to: a) provide accurate, current and complete account information; b) maintain and promptly update your account information as necessary; c) maintain the security of your account credentials and the information you provide to us; d) do not share your account credentials with others; and e) notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account. We are not responsible for any sale, service, or communication error caused by inaccurate or outdated account information.
4. Terms of Sale
THE BELOW TERMS GOVERN THE PURCHASE FROM
AND SALE OF PRODUCTS BY KATHY KUO HOME.
4.1 Pricing and Availability
All prices on our domestic site are shown in U.S. dollars.
At Kathy Kuo Home, we make the greatest effort to ensure the accuracy and reliability of our site content; however data errors may occur, and we make NO WARRANTY as to the site's accuracy and reliability. Therefore, we reserve the right to correct any improperly priced item at any time, even if you have already placed your order. If a pricing error is discovered after credit card processing, we will void the sale, issue a refund via the original payment method, and promptly notify you. You may then decide to repurchase the item at the correct price.
We pride ourselves on maintaining an updated site inventory; however, there are occurrences when an item may sell out before we are able to update the site. Therefore, all products and services we offer are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services at any time, even if you have already placed your order.
If an item is out of stock or backordered, we will notify you as soon as possible and ship out your order as soon as it becomes available. Your credit card will be charged to secure the inventory for that item with our manufacturer. This inventory securement is necessary for us to receive and ship out your item as quickly as possible. If an item is discontinued, we will cancel the discontinued order item and notify you as soon as possible. If an item is discontinued after credit card processing, we will void the sale, issue a refund via the original payment method, and promptly notify you. Please call customer service at 888-908-2925 to check stock and real-time availability on all products.
4.2 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any taxes and other charges).
We currently accept American Express, Visa, Mastercard, Discover, and PayPal. All transactions are handled through an SSL secure server powered by Authorize.Net.
If your payment method cannot be verified or is invalid, we will notify you as soon as possible, and your order may be suspended or cancelled if you do not resolve the issue within 48 hours.
4.3 Order Confirmation
Our order confirmation emails are automatically sent to the shipping email address you provide during checkout. If you don't receive your order confirmation email within 24 hours of your online purchase, please contact us immediately. Kindly take the time to review your order confirmation email and ensure all order information is correct.You may request an order change or cancellation as long as it is received within 24 hours of completing your purchase. After your order has shipped, we are required to process any change or cancellation as a return (see Section 4.9), and charges may incur.
4.4 Cancelling an Order
As stated above, you may cancel your order as long as your cancellation request is made within 24 hours of completing your purchase, provided that you have not yet received a shipment confirmation from us. If your order has already shipped, we are required to process any change or cancellation as a return. To cancel an order, please visit the "My Orders" section of your account or call us at 888-908-2925. If we cannot ship your order by the agreed-upon ship date, you have the right to cancel your order for a full refund.
4.5 Taxes
Kathy Kuo Designs, LLC is registered in the State of New York and is required by law in New York and other states where we have a presence to charge applicable sales tax on products shipped to jurisdictions that levy such a tax. In certain states, we are also required by law to charge tax on any shipping fees. Our shopping cart will automatically calculate this tax on all orders shipped based on your shipping zip code.
4.6 Shipping and Handling
Our curbside delivery is defined as below:
- For parcel items, curbside delivery is defined as a no-signature required delivery to your mailbox, front door, or curbside.
- For freight items, curbside delivery is defined as a signature-required threshold delivery into the garage or first dry area of your home. Curbside delivery carriers will NOT carry your delivery up stairs or enter your home under any circumstance. For information about our In-Home Special Care Delivery service, see Section 4.7 below.
If your order item is oversized, heavy, or fragile, we highly recommend taking advantage of our In-Home Special Care Delivery service, which is outlined in Section 4.7.
Kathy Kuo Home is not responsible for storage fees or held shipment charges or any shipping arrangements made outside of the curbside delivery described above.
Estimated shipping times vary by product. A tracking ID will be emailed to you the day your order ships out so you may easily track your order. The estimated shipping times below represent the amount of time your order will be in transit post-production once your order has left the factory:
- Orders sent via UPS or FedEx Ground are delivered on average 3-7 business days after the order leaves the factory.
- Orders sent via a Freight Carrier are delivered on average 7-15 business days after the order leaves the factory.
- Orders sent via a In-Home Special Care Delivery Service are delivered on average 7-15 business days after the order leaves the factory.
When you purchase a product from us, any shipping times we provide are ESTIMATES ONLY and actual delivery dates may vary. In addition, if you elect to use our In-Home Special Care Delivery Service (see Section 4.7) you will be required to make an appointment for delivery.
4.7 In-Home Special Care Delivery Service & Assembly
Some of our products are oversized, heavy, fragile or one of a kind, and you may elect to use our In-Home Special Care Delivery service to ensure that your order arrives safely to your door. If you select In-Home Special Care Delivery at checkout (or otherwise request In-Home Special Care Delivery), you will be additionally charged a $49 Delivery fee for one order item, $99 for two order items or a $149 for three items or more. When your order reaches your local delivery hub, you will be contacted to schedule a by-appointment 4-hour delivery window to receive your order. Our In-Home Special Care deliveries are made Monday through Friday, 8 A.M. to 5 P.M. If you require a weekend delivery, there will be an additional cost on top of the In-Home Special Care Delivery fee.
As part of our In-Home Special Care Delivery service, we will bring the items(s) into your home, carry your item(s) up to 1 flight of stairs, and dispose of the packaging materials. Our In-Home Special Care Delivery service is unable to provide assembly and construction, move existing furniture, or make any modifications to your home.
Please measure your space (doorways, elevators, stairways, etc.) before buying products from us to ensure that they will fit into your home. If a product does not fit, it will be sent back to us and outbound and return shipping charges plus a restocking fee will be deducted from your refund.
Please contact us ahead of time at 888-908-2925 if there are any delivery challenges at your home we should know about, such as multiple flights of stairs or a narrow or long driveway. Note that additional charges may apply in such instances.
Some of our items at KKH require assembly, which may be purchased at checkout for an additional $99. Assembly includes a 30-minute, non-technical assembly (e.g. attaching the legs to a table, inserting hardware, etc.) and does NOT include more involved assembly and construction or home modification (e.g. wiring lighting, hanging artwork, etc.).
4.8 Damaged, Missing, or Incorrect Products
We strive to offer the best and fastest available solution in the unlikely occurrence that your item arrives damaged or incorrect. Please follow our guidelines below when you receive your delivery.
If you receive a large freight item with a required signature, please inspect the packaging and open your package immediately (BEFORE SIGNING) to inspect the item. If the packaging or the item has obvious freight damage or is otherwise incorrect, refuse the shipment and mark the Bill of Lading packing slip as "damaged." Please take clear photos of the damaged packaging or damaged item. After you refuse shipment, please contact us within 48 hours at cs@kathykuohome.com with photos of the damage stating your refusal of delivery. We will file your claim and ship you a replacement at no cost to you. If your item has been discontinued or sold out, we will credit you the original amount paid on the item.
If you sign for a signature-required freight shipment without reporting the damage, you are responsible for the damage and may be declined a refund or replacement. All damage claims must be received within 48 hours of your item's arrival. Damage claims reported after 48 hours of your item's arrival may be declined.
If you receive a no signature required parcel item, please open your package and inspect immediately. Please keep all original packaging. If your item is damaged or incorrect, please take photos of the item and packaging and report the damage to customer service within 48 hours.
To report your damaged item, go to the My Order History section of your Kathy Kuo Home account found here: https://www.kathykuohome.com/MyAccount/Order. Click the drop down menu under the Action column for the damaged item and select "Return." On the return request, upload your photos and write a detailed reason for your return. You may alternatively submit your photos and damage claim to cs@kathykuohome.com. Clear photos of the damage are mandatory for processing a damage claim and returning or exchanging a damaged item. We cannot accept returns without the the original packaging, and damage claims reported after 48 hours of your item's arrival may be declined.
If your parcel item is damaged, we will send a KKH certified furniture repair medic to restore your item to its brand new condition OR one of our design specialists will work with you to come to a mutually agreed money back or discount solution that meets your customer satisfaction. If we deem that an item is irreparable, we will provide an RGA # and instructions on where to ship the item back. Once we recieve your incorrect item back, we will send out a replacement item.
Damage claims will be denied if the item has been used or installed.
In the rare occurence that an item is missing or incorrect, please call us within 48 hours of delivery. We will investigate the situation and send a replacement item at our sole discretion. Kathy Kuo Home is not responsible for any misplaced or stolen packages. If your item is approved as an incorrect item, we will provide an RGA # and instructions on where to ship the item back. Once we recieve your incorrect item back, we will send out a replacement item.
NOTE: Different computers and web browers display colors differently. We are not responsible for variations in color between the product you receive and the product shown on our site. Similarly, all items made from natural products (including but not limited to wood, marble, limestone, alabaster, glazed ceramic, etc.) will have natural variations and no two items will look identical. These variations are expected and will NOT be considered defects, damages, or incorrect items.
4.9 Returns and Refunds
We stand behind all of the products we have curated for our site, and we work with the best manufacturers in the world to ensure you'll love every KKH item in your home. The design details, quality, safety, and sustainability of our products will meet, if not exceed, your expectations. We hope you love your selections, but if you're not completely satisfied with your purchase, we'll gladly take returnable items in an unused condition fit for resale within 7 days of delivery. (Note: Exclusions apply. See below).
Not every item on our site is eligible for a return. You can find out if your item is eligible for return on the item's product detail page under the "Returns" heading. We do not accept returns on Final Sale items. Please note, we also do not accept returns on:
- Wired or assembled products.
- Custom made to order items.
- Altered items (repainted, refinished, cut, etc.).
- Used items or items without original packaging.
- Final sale items or gift cards.
- International orders and orders outside of the contiguous US.
We offer two options regarding your refund for a return:
1. KKH Store Credit: Receive your return refund in the form of store credit for the merchandise price, less the cost of oubound and return shipping. If you return for store credit, all restocking fees are waived and covered by Kathy Kuo Home.
2. Original Form of Payment: Receive your refund in the form of your original form of payment for the merchandise price, less the cost of outbound and return shipping AND up to a 15% restocking fee.
If we identify an unreasonable return pattern, we may restrict or refuse future transactions or returns from such customers at at any time.
4.10 Sale Excluded Products
Kathy Kuo Home only carries authorized inventory and maintains strong relationships with all of our vendors. As a part of these relationships, we respect our vendors' requests to be excluded from certain promotions. Due to this reason, the following brands are excluded from promotions unless otherwise indicated:
Abrams, Adriana Hoyos, Anewall, Arte Italica, Arteriors, Assouline, Aurosi, Baobab, Beatriz Ball, Bella Notte, Bernard Maisner, Bernhardt, Bija Essence, Blue Pheasant, CaneLine, Caracole, Caskata, Castelle, Catavento, Century, CFC, Cisco, Classic Home, Copeland, Cozy Earth, Currey & Company, Dockatot, Dovetail, EcoSmartFire, E.E. Teepees, Essentials for Living, Forge de Laguiole, Gabby Home, Georg Jensen, Hudson Valley Lighting, Interlude Home, Juliska, Kim Seybert, Leah Singh, Legends of Asia, Lexington Home, Lillian August, Little Giraffe, Lladro, LLoyd Flanders, L’Objet, Match 1995, Mepra, Michael Aram, Million Dollar Baby, Milton & Goose, Modern History, Modloft, Monte, Mr. Brown, MUHLE, Nestig, Nico & Yeye, Noir, Nook Sleep, Nude Glass, Oeuf, Oilo Studio, Oly Studio, OMI, Palecek, Phaidon, Phillips Collection, Pigeon & Poodle, Resource Decor, Ro Sham Beaux, Rove Concepts, Royal Teak, Schumacher, Simon Pearce, Senteurs d’Orient, Snurk, Stark Carpet, Staub, Steiff, Stokke, Studioduc, Summer Classics, Sunset West, Tala, TENEUS, TOV, Universal, Vanguard, Vietri, Vista Alegre, Woodbridge, Wolf 1834, Worlds Away, Yves Delorme, Zwilling, Zuo Modern.
Coupon codes are not valid for use on prior purchases and may not be used in conjunction with another promotional code.
Additional product exclusions not listed here may apply.
5. License to Access and Use Our Services and Materials
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, user content, other files and the selection and arrangement thereof (collectively, "Materials"), are the proprietary property of Kathy Kuo Home or our licensors and are protected by U.S. and international copyright and trademark laws. The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
6. Trademarks
"Kathy Kuo Home", the Kathy Kuo Home logo and any other Kathy Kuo Home product or service names, logos or slogans that may appear on the Services or products are trademarks of Kathy Kuo Home and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other "hidden text" utilizing "Kathy Kuo Home" or any other name, trademark or product or service name of Kathy Kuo Home without our prior written permission. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Kathy Kuo Home and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Kathy Kuo Home.
7. Hyperlinks
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Kathy Kuo Home or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Kathy Kuo Home logo or other proprietary graphic of Kathy Kuo Home to link to the Services without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Kathy Kuo Home trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our prior written consent.
Kathy Kuo Home makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
8. Third-Party Content
We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, "Third-Party Content"). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Please be further advised that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.
9. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:
- Transmit any information, data, text, images, files, links or software through the Services, except as authorized by us.
- Use or attempt to use another member's account without authorization from such member and Kathy Kuo Home.
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner.
- Introduce to the Services any viruses, worms, Trojan horses and/or harmful codes.
- Obtain unauthorized access to any computer system, including, without limitation, access to any API that may be provided by Kathy Kuo Home in a manner not authorized by us.
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services you are not authorized to access.
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- Impersonate any other person, including, but not limited to, a registered member of the Services or an employee of Kathy Kuo Home.
- Invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity.
- Conduct fraudulent activities.
- Develop any third-party applications that interact with User Content or the Services without our prior written consent.
- Collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
- Abuse the "Invite a Friend" feature in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses.
- Abuse special discounts, awards or incentives offered by Kathy Kuo Home (unless otherwise specified, only one offer is valid per person, with a maximum of two per household).
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality.
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
10. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, "User Content"). In the event that you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.
By using the interactive features and areas of the Services or any third-party platforms on which we have an official presence, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any law.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences.
- User Content that impersonates, or misrepresents your affiliation with, any person or entity.
- User Content that references or depicts KKH or our products or services but fails to disclose a material connection to us, if you have one (for example, if you are an KKH employee or paid blogger).
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations.
- User Content that contains any private or personal information of a third party without such third party's consent.
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; o.
- User Content that, in our sole judgment, may expose us or others to any harm or liability of any type.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third-party platforms, you hereby grant KKH a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to KKH through the Services or through our pages or feeds on third-party platforms, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content; (c) you authorize KKH to use such User Content for the purposes described in these Terms; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any law, rule, regulation or third-party right.
11. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials and other information about Kathy Kuo Home, the Services and our products and services which will not be publicly available when submitted (collectively, "Feedback") to us. Feedback is not confidential and shall become the sole property of Kathy Kuo Home. Kathy Kuo Home shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. Modifications
We reserve the right to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time, without notice. You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events.
13. Proposition 65 Compliance
NOTICE: While the majority of the items on our site are chemical-free, some of the products we sell can expose you to chemicals known to the State of California to cause cancer or birth defects or other reproductive harm. Please check on-product labels for any warning information, or contact to us if you're in need of Proposition 65 compliant items.
14. Termination
We reserve the right to terminate your right to access and use the Services, at any time and for any or no reason.
15. Governing Law and Venue
THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, AND YOUR ORDER, RECEIPT AND USE OF PRODUCTS AND SERVICES YOU PURCHASE FROM US SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT CANNOT BE HEARD IN SMALL CLAIMS COURT, SHALL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF NEW YORK COUNTY, NEW YORK.