Terms of service

By visiting or using the Amoureux Knives (referred to as “our”, “we”, “us”) website (Amoureux-Knives.com) (referred to as “Site”) to shop, make a purchase or view the site in any way, you (referred to as “you”, “your”) accept and agree to the following terms and conditions (referred to as “Terms”) which constitute a contract between you and Amoureux Knives. If you do not agree to these Terms, you must stop using our Site and any pages contained within our Site and do not use any service offered through our Site.

 

Payment and Deposit Policy

 A non-refundable deposit of $250 or 30% of the total price of the product (whichever is highest) is required before work on custom products will commence. The balance of the payment, including all shipping, insurance, handling and applicable fees, is due prior to shipment of the product and is in addition to the amount of the sale price. Idaho State residents are subject to Idaho State sales tax. You authorize Amoureux Knives to add shipping, handling, fees and insurance charges to the sales price and for Idaho State residents, sales taxes.

 

Warranties, Disclaimers and Limitations of Liability

AMOUREUX KNIVES strives to provide the very best product possible to each and every customer. All products made by AMOUREUX KNIVES are one-of-a-kind, custom, handmade pieces. This means they are sold “as-is” and “with all faults”. You bear the risk of using it. AMOUREUX KNIVES provides no representations, guarantees, warranties of any kind or conditions to the products offered for sale or to the potential refunds, either expressed or implied. To the fullest extent permitted by applicable law, we exclude, without limitation, warranties or implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality and workmanlike manner.

 You can recover from us for all successful claims only direct damages up to the total and actual amount paid per product. Under no circumstances shall AMOUREUX KNIVES or AMOUREUX KNIVES’s directors, officers, employees, agents, affiliates, suppliers, or successors be liable to you for any specific performance or for any indirect, incidental, punitive, special, treble, exemplary or consequential damages of any kind or nature whatsoever, arising out of or in any way relating to AMOUREUX KNIVES or any AMOUREUX KNIVES products or your use of the product, including without limitation, any damages for loss of goodwill or profits, anticipation of profits, impairment of business or other goods, loss of privacy, failure to meet any duty including good faith or reasonable care, negligence, or for any other pecuniary or other loss whatsoever, even if AMOUREUX KNIVES or its directors, officers, employees, agents, affiliates, suppliers, or successors have been advised of the possibility of such damages or know or should have known of the possibility of such damages, and whether or not any exclusive right under this AMOUREUX KNIVES fails in its essential purpose. You agree to defend, indemnify and hold harmless AMOUREUX KNIVES and AMOUREUX KNIVES’s directors, officers, employees, agents, affiliates, suppliers, or successors individually or collectively for any potential or actual liability to you for total damages of any kind (including without limitation, direct or general damages) for any and all claims and expenses (including attorneys’ fees) related to your use of, arising out of or related to any products or services purchased by you in connection with our Site or any use of our Site in violation of these Terms. You agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section. We have no liability of any kind to you, and we reserve the right to cancel a sale or transaction. You acknowledge and agree that the Site and all materials therein or transferred thereby, including but not limited to, all content, text, designs, images, photographs, graphics, illustrations, logos, patents, copyrights, trademarks, service marks, intellectual property rights or other proprietary rights (referred to as “Intellectual Property”) are the exclusive property of AMOUREUX KNIVES. All rights not expressly granted to you herein are reserved by AMOUREUX KNIVES. Except as otherwise expressly authorized by these Terms, you have no right to directly or indirectly reproduce, adapt, modify, improve, lease, loan, license, sublicense, assign, rent, sell, publish, duplicate, create any new or derivative works from, display, transmit, distribute, or otherwise exploit any Intellectual Property or this Site, in whole or in part, without AMOUREUX KNIVES’s express prior written consent. You further acknowledge and agree not to copy, use, alter, or otherwise infringe upon or dilute AMOUREUX KNIVES’s Intellectual Property. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. If you infringe or misappropriate any of our Intellectual Property or if you violate the terms of this agreement, you agree that nothing herein shall exclude, restrict or limit in any manner our rights and remedies or your liability. The limitations apply to anything related to any product that you purchased, claims for breach of contract, products, warranty, guarantee or condition or strict liability, consumer protection, deception, unfair competition, negligence, misrepresentation, omission, trespass other tort or any other kind of claim. These limitations apply even if a remedy does not fully compensate you for any losses, fails of its essential purpose, or we knew or should have known about the possibility of the damages. Some states, provinces, countries or regions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you.

 To the extent permitted by law, any claim or cause of action arising out of or related to this Site or these Terms must be brought within one year. The one-year period begins on the date when the claim or cause of action could first be filed. If it is not filed, then that claim or cause of action is permanently barred. This applies to you, your successors, personal representatives, estate, spouse and anyone who can file a claim on your behalf.

 

Governing Law, Jurisdiction, Venue and Severability of Provisions

 These Terms are governed by and construed in accordance with the laws of the State of Idaho, United States of America, without giving effect to any principles of conflicts of laws. You agree to accept these Terms under the applicable laws of the State of Idaho, and agree that any disputes or action at law arising out of or relating to these Terms will be subject to the state or federal courts located in King County, Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and that venue is convenient. All parts of these Terms apply to the maximum extent permitted by law. If a court holds that a portion of these Terms may not be enforceable as written, then both parties agree that that portion will be replaced with terms that most closely match the intent of the portion that we cannot enforce to the extent permitted by law. The invalidity of a portion of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

 

Changes

 AMOUREUX KNIVES reserves the right, at its sole discretion, to change, modify, add, remove or update any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions will be effective when posted. You agree to review these terms and conditions periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions are posted constitutes acceptance of those changes. Last update November 23, 2019.