PRIVACY
Please review our Privacy Notice, which also governs your visit to KettleOfFishClothing.com, to understand our practices. Kettle of Fish Clothing is fully committed to protecting your privacy and uses only the safest means of protecting all of your ordering and payment information. Industry leading security initiatives are in place and you are protected by the strongest encryption methods and security protocols available.
KettleOfFishClothing.com only collects personally identifying information with your specific knowledge and consent. For instance, when you enter the online store, you are able to browse throughout our website without revealing any personal data.
Should you decide to purchase items, you will be requested to fill in further personal details, including your email address and credit card number. Your email address is used to contact you if we have problems verifying your credit card or if a particular item is out of stock; we may also use your email to send you sale information and special offers on certain occasions. We will not share any personal "bill to" and/or "ship to" address information you provide us. We do not rent, sell or trade our mailing list or any information about you with anyone under any circumstances. Our site uses a secure server to provide a safe shopping experience.
This site is hosted by Yahoo! Store. Yahoo! is one of the most trusted names on the Internet. Yahoo! Store hosts the store pages, ordering system and order data.
Orders placed are encrypted using the most advanced SSL (secure socket layer) technology. Rest assured that your credit card information is handled securely. If you would like more information concerning our SSL, please visit Verisign.com.
KettleOfFishClothing.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at KettleOfFishClothing.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future KettleOfFishClothing.com.com service or visit or purchase from any business affiliated with KettleOfFishClothing.com, whether or not included in the ShopforBags.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS
When you visit KettleOfFishClothing.com.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to have communications delivered to you in non-electronic format, you must provide to KettleOfFishClothing/Kettle of Fish Clothing, Inc., a written letter in non-electronic format requesting your desire to opt-out of electronic records and notifications.
COPYRIGHT
All Content including but not limited to text, graphics, artwork, designs, illustrations, photographs, computer code, logos, button icons, images, audio clips, trade dress, digital downloads, data compilations, software, and other intellectual property (collectively, the "Content"), are the property of KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. or its suppliers and all Content is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., and is protected by U.S. and international copyright laws. All software used on this site is the property of KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., and its software suppliers and protected by United States and international copyright laws.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of KettleOfFishClothing.com/Kettle of Fish Clothing, Inc.. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.
LICENSE AND SITE ACCESS
KettleOfFishClothing.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KettleOfFishClothing.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KettleOfFishClothing.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KettleOfFishClothing.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing KettleOfFishClothing.coms name or trademarks without the express written consent of KettleOfFishClothing.com. Any unauthorized use terminates the permission or license granted by KettleOfFishClothing.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KettleOfFishClothing.com so long as the link does not portray KettleOfFishClothing.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KettleOfFishClothing.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KettleOfFishClothing.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use KettleOfFishClothing.com only with involvement of a parent or guardian. KettleOfFishClothing.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. KettleOfFishClothing.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant KettleOfFishClothing.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KettleOfFishClothing.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KettleOfFishClothing.com or its affiliates for all claims resulting from content you supply. KettleOfFishClothing.com has the right but not the obligation to monitor and edit or remove any activity or content. KettleOfFishClothing.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from KettleOfFishClothing.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
KettleOfFishClothing.com and its affiliates attempt to be as accurate as possible. However, KettleOfFishClothing.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KettleOfFishClothing.com itself is not as described, your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than KettleOfFishClothing.com and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. KettleOfFishClothing.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KettleOfFishClothing.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. KettleOfFishClothing.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KettleOfFishClothing.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KettleOfFishClothing.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KettleOfFishClothing.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KettleOfFishClothing.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting KettleOfFishClothing.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KettleOfFishClothing.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to KettleOfFishClothing.com or to products you purchase through KettleOfFishClothing.com shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate KettleOfFishClothing.coms intellectual property rights, KettleOfFishClothing.com may seek injunction or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
COMPUTER MONITORING
This is a KettleOfFishClothing.com/Kettle of fish Clothing, Inc., computer system. This resource, including all related equipment, networks and network devices, are provided for authorized KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., use. KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., computer systems may be monitored for all lawful purposes, including but not limited to; to ensure authorized use, for management of the system, to facilitate protection against unauthorized access and to verify security procedures and operational procedures. Monitoring on this system may include but is not limited to real time analysis, periodic audits and recordings by authorized KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., personnel, and/or security personnel and/or law enforcement to test or verify the validity, security and survivability of this system. During monitoring information may be examined, recorded, copied and used for authorized purposes. All information placed on or sent to this system may be subject to such monitoring procedures. Use of this KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., computer system, authorized or unauthorized, constitutes express consent to this policy and the policies and procedures set forth by KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. Evidence of unauthorized use collected during monitoring may be used for criminal prosecution by KettleOfFishClothing.com/Kettle of Fish Clothing, Inc., staff, legal counsel and/or law enforcement agencies.
Security, Intrusion, and Detection
For site security purposes and to ensure that this service remains available to all users, all network traffic is monitored in order to identify unauthorized attempts to upload or change information or otherwise cause damage or conduct criminal activity. To protect the system from unauthorized use and to ensure that the system is functioning properly, individuals using this computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so by the KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. (and such monitoring and recording will be conducted). Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, system personnel may provide the results of such monitoring to appropriate officials. Unauthorized attempts to upload or change information or otherwise cause damage to this service are strictly prohibited and may be punishable under applicable federal law.
Third-Party Web Beacons: We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.
ORDERS, PRE-ORDERS, SHIPMENTS
As preorder items are reserved for you in advance of arrival into stock and make the specific item(s) unavailable for purchase to other customers, they are non-returnable. Under certain specific circumstances, we will accept returns on preorder items however they will ONLY will be eligible for store credit in the amount of 75% of the original sale price. Preorder items are non-refundable and non-returnable. No exceptions will be made.
By placing an order with KettleOfFishClothing.com, you are agreeing to all policies, conditions and terms of KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. Orders placed with KettleOfFishClothing.com will not be processed without your Electronic Signature, which serves as proof of legally recognized means, indicating that you adopt and accept the policy terms and contents of this website and of KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. By placing an order with KettleOfFishClothing.com, you are agreeing to our returns and exchanges policies, which are listed on the returns/exchanges page of this website and, in addition, state: We gladly accept returns and/or exchanges within 14 days from receipt of purchase, excluding pre-order items and sale items. Items must be returned exactly as they were received, in all original packaging, including all presentation materials and with tags still attached to ensure a refund. All shipping fees are non refundable. Any additional fees incurred by shipments of exchanged and/or returned merchandise is the sole responsibility of the customer. Swimming Suits are non-refundable. Sleepwear, pajamas and Esme Loungewear (including undergarments) are non-refundable. Shoes can be exchanged for size but no refunds will be given. If your size is not available, a store credit will be issued. Hair accessories, jewelry, socks, tights, hosiery, belts, hats, gloves and scarves are not returnable. Special Order Items or items that were ordered specifically for you are not eligible for return or exchange. Cancellation of orders are only accepted within one hour of the order being placed. We offer no price adjustments on previous purchases. Size exchanges or exchanges for other merchandise are treated as new orders. Just place an online order for the items you desire and we will process it promptly. Your account will be credited within 30 business days. Orders shipped with free shipping will have our standard shipping charge subtracted from your purchase credit. Orders shipped with gifts and/or promotions will have the value of this gift/promotion deducted from your purchase credit. Any charges incurred by Kettle of Fish Clothing due to customer chargebacks are the sole responsibility of the customer issuing the chargeback. Orders paid via Paypal will not be refunded Paypal's $0.30 processing fee.
By placing an order with KettleOfFishClothing.com, you are agreeing to the KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. Order, Pre-Order, Return and Exchange Policies, charge/fee policies that may be incurred by the customer during the transaction/return/exchange/cancellation and that these such policies supercede any other credit card or payment method agreement including those of Mastercard, Visa, American Express, Discover Card, Paypal or any other payment method. By placing an order with KettleOfFishClothing.com, the customer is accepting responsibility that he/she will not be refunded or credited in any amount for merchandise returned without a Return Authorization Number. KettleOfFishClothing.com/Kettle of Fish Clothing, Inc.
All sales are final after 14 days. Items on sale, clearance, or identified as "final sale" are not returnable or refundable. Any returns that we may accept at our discretion that do not meet our return criteria will not be eligible for a credit or refund. No Exceptions will be made.
***Please note: No returns will be accepted without a Return Authorization Number. An RA# can ONLY be obtained by e-mailing us at orders@kettleoffishclothing.com. Return Authorization Numbers will never be issued via telephone, in person or through the mail. Please include the RA# both inside your return shipment along with on the outside of the package to ensure quicker processing. Items returned without an RA# are not eligible for credit or return in any amount. No exceptions will be made.***
We try our hardest to ship the same day you order. However, sometimes we are unable to, but we typically try to guarantee you that your items will be shipped no later than the next business day via USPS Mail and/or Federal Express.
There are occasions, due to stock limitations, back orders and re-order items, that items will not ship next business day. Subsequently, shipping receipt dates provided are clearly estimates.
Occasionally, some items you order may be out of stock. If this happens, we will notify you via email and refund the difference to your credit card or Paypal account and ship the remainder of your order.
All orders that are "Express" or "Priority" MUST be submitted online by 12 pm Eastern Standard Time. Any and all "Express" or "Priority" orders received after 12 pm Eastern Standard Time will be shipped the following business day.
KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. adheres to shipping policies as stated on this website however, retains the right to apply extra shipping charges in discretionary warranted circumstances, due to weight of package, destination of shipment, etc. KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. requires direct signature for shipments to serve as proof of delivery. No exceptions will be made.
KettleOfFishClothing.com/Kettle of Fish Clothing, Inc. reserves the right to ship to domestic and/or international locations at its own discretion, to "hold" orders/shipments for payment authorization clearance, regardless of shipping method selected, if it is deemed necessary due to suspicion of fraudulent activity.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to KettleOfFishClothing.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
