Terms of service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of KANNOA | Panyu, LLC. The collective work includes works that are licensed to KANNOA | Panyu, LLC. Copyright 2016, KANNOA | Panyu, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KANNOA | Panyu, LLC or purchasing KANNOA | Panyu, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KANNOA | Panyu, LLC or to purchase KANNOA | Panyu, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by KANNOA | Panyu, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of KANNOA | Panyu, LLC used in the site are trademarks or registered trademarks of KANNOA | Panyu, LLC

Warranty Disclaimer
This site and the materials and products on this site are provided with a "90 day limited warranty" and without any other warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KANNOA | Panyu, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KANNOA | Panyu, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KANNOA | Panyu, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
KANNOA | Panyu, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if KANNOA | Panyu, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a KANNOA | Panyu, LLC product is mistakenly listed at an incorrect price, KANNOA | Panyu, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. KANNOA | Panyu, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KANNOA | Panyu, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by KANNOA | Panyu, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
KANNOA | Panyu, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to KANNOA | Panyu, LLC.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of KANNOA | Panyu, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of KANNOA | Panyu, LLC products) must be commenced within one (1) year after the claim or cause of action arises. KANNOA | Panyu, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KANNOA | Panyu, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KANNOA | Panyu, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
KANNOA | Panyu, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, KANNOA | Panyu, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, KANNOA | Panyu, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to KANNOA | Panyu, LLC in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless KANNOA | Panyu, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, KANNOA | Panyu, LLC may link to sites operated by third parties. However, even if the third party is affiliated with KANNOA | Panyu, LLC, KANNOA | Panyu, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KANNOA | Panyu, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, KANNOA | Panyu, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

KANNOA | TERMS OF TRADE
KANNOA OFFERS: Custom Furniture Orders, Wholesale Programs and Container Programs.

CUSTOM FURNITURE PURCHASES: We encourage designers to create signature product lines through our 100% custom program and we’re a great resource for hard to find pieces, working with a network of vendors and local artisans all over the world to acquire the perfect piece for you. We invite you to discover why our clients have no reason to go elsewhere for home décor. Come talk with us about how we can help you build your business!

GENERAL TERMS AND CONDITIONS
WHOLESALE PURCHASES AND VOLUME PROGRAM
All prices are ExWorks KANNOA warehouse Miami, FL. All orders are required to be paid in full prior to shipment except for NET 30 account. All prices are subject to change without notice. Stock items are available within 3 weeks. Stock orders must be paid in full, except for Net 30 account.. The estimated delivery time on backordered items can be up to 8 weeks. All back orders will require a 50% deposit. A 50% deposit is required for all special orders. Delayed receipt of a deposit will delay delivery dates. The balance owed must be paid in full prior to any shipment except for Net 30 account. The estimated delivery time for special orders is between 12 - 14 weeks. Cancelled orders will be subject to a 50% restocking fee. All orders for stock items must be picked up within 15 days of the scheduled pick up date. KANNOA will cancel and restock any orders not picked up within this time frame and will issue a refund or credit, less a 50% restocking fee. Unless special written permission is granted by KANNOA, all orders are PREPAID. Title to merchandise passes to customer when the carrier accepts delivery from KANNOA. Customers with NET 30 payment Terms, are required to make timely payment, regardless of whether or not a claim is pending with the freight carrier. Customer may not withhold payment to KANNOA while awaiting settlement of their claim with 3rd parties.

HANDLING AND FREIGHT:
KANNOA recommends shipment via “Blanket Wrap” carriers or ground truck shipping. We will arrange shipment of commercial orders via best way unless otherwise indicated on customer purchase order, or instructed in writing. In an effort to control shipping costs, Kannoa has capped freight charges east of the Mississippi at 12.5% and west of the Mississippi at 16% of the invoiced amount for any order above $4,000.00. Orders under $4.000.00 will be handled on a case-by-case basis. All our shipments are insured. These capped rates apply to Business-to-Business deliveries within our regular network of distribution. Deliveries outside metropolitan areas are subject to surcharges in addition to the aforementioned rates. Kannoa can arrange “curbside” and “white glove” deliveries or, any customer service including drop ship. Customer may also arrange his own shipment. Please note that KANNOA is not responsible for freight damages resulting from shipments. All goods are sold ExWorks our warehouse in Miami. All items are inspected by KANNOA and the shipping agents before items are shipped. Merchandise should be inspected as soon as it is received and all damages noted on the Bill of Lading before signing and reported directly to the shipping company. Special handling charges might apply to orders with especial packing requirement, (repack, special box, bubble wrap, crate, etc). All freight damage claims must be filed by the consignee directly with the shipping company.

KANNOA FABRICS:
Fabric Grades:
• GRADE A: Sunbrella Fabrics (5400 Canvas, 48000 Spectrum, 5600 Stripes, 51000 Shadows, 7700 Rib and 56000 Premium Stripes).Batyline ISO Mesh Brown, White, Agate Gray, Silver, Black, Sandstone, other colors and Vinyl.

• GRADE B: Sunbrella Fabrics (18000 Renaissance, 8000 Specialty weaves, 8300 Dupione, 8500 Stripes and 40000 Textures) . Batyline ISO Mesh all other colors and Vinyl.

• GRADE C: Special Sunbrella Fabrics (Laurie Bell Collection, Specialty Weaves, Jacquards, Sling, Sunsharp, Joe Ruggiero, etc) Batyline Lounge.

• COM and custom cushions are offered and priced on a case-by-case basis.

Rush Fee:
A 25% up charge will be added in order to expedite the cushions. This fee guarantees availability within one week. (Some exclusions may apply).

RETURN POLICY
In the event that there is a faulty item, Kannoa guarantees replacement of the damaged piece (subject to availability) within 30 days of delivery date. For any opened/used items returned prior to the 30 day guaranty, there will be a 20% restocking fee applied to the sale. (customer is liable for all shipping charges). All "Special Orders" are final and return policy does not apply. Please note that it takes 7 to 10 business days for Kannoa to process returns and in the event that a refund is due Kannoa reserves the right to refund monies 30 business days after the return is completed.
All "Return" issues must be sent in writing to returns@kannoa.com or via fax to 786-228 8096
All returns must be authorized by Kannoa Customer Service.

CONTAINER PURCHASES
A. Order Confirmation: All orders placed are confirmed in writing and must be signed and sent back to KANNOA, (or a recognized agent thereof) in order to be considered a firm order. Once an order confirmation has been signed and sent, the order cannot be cancelled. KANNOA retains the right to accept changes in confirmed orders up to a maximum of 7 days after the receipt of the signed order confirmation.

B. Under-ordering: In such cases as an order is deemed insufficient to fill a container, KANNOA, shall inform the customer and request additional items to be ordered. Such additional items should be ordered within 5 working days of receipt of a request for additional items. Should the customer fail to provide an order for additional items, KANNOA reserves the right to either add additional items at its own discretion (for which the customer shall be bound to pay), or to cancel the order.

C. Over-ordering and Backorders: In such cases as an order exceeds one container, but is deemed insufficient for two containers, KANNOA shall inform the customer and request a list of items to be excluded from the order. Such list must be sent to KANNOA, within 5 working days of receipt of a request for such list. Should the customer fail to provide such list, KANNOA reserves the right to exclude items at its own discretion. Customers may indicate if they wish excluded items to be considered as backorders. Backorders shall always take precedence over any new order received.

D. Packaging and Shipping: KANNOA guarantees packing and shipping, plus or minus 15% of those items that are ordered.

E. Shipping Insurance: Shipping insurance is available at customer's request.

F. Payment:
1. A 50% deposit is required with the order confirmation. The balance is due within 15 working days of the container invoice date.
2. Payment should be by bank transfer to a bank account specified by KANNOA, or a recognized agent thereof.
3. If payment is not received by the due date, then a 3% per month interest charge will be assessed, payable before the container is released to the customer.

G. Volume Discount: Customers who regularly order three (3) or more containers (see Supplement, below, for definition of container in this context) per month may be given Volume Discounts at the discretion of KANNOA. Volume discounts are given according to the following guidelines:
• The containers meet the minimum value as set out in Supplement.
• Volume discount is based on regular orders of at least three containers per month.
Calculation of qualification for volume discount shall be based on calendar months using the date that orders are received by KANNOA, and not actual shipping date (except where clear instruction is given that an order should be shipped after a designated delay). KANNOA, at all times reserves the right to withdraw volume discounts or modify the rate of discount available.

H. Inability to Take Possession of a Container: If for any reason a customer cannot take possession of an ordered container once it has reached its destination, then the customer shall be held responsible for all costs incurred and forfeits any amount of money paid to KANNOA.

I. Customer Complaints:
Complaints about quality of container contents shall be accepted if they total more than 5% of the total value (before any discounts) of the container; such claims must be made within 3 (three) weeks of receipt of the container. All claims must be accompanied by full "documentation" (as described in the Supplement, below) and third party corroboration. KANNOA, reserves the right to reject any claims not supported by full documentation and third party corroboration. Any approved compensation and/or credits shall be given to Customer in the form of credit on a future container. Claims received after 3 (three) weeks shall be counted as void, regardless of their value.

SUPPLEMENT | ADDITIONAL INFO
Container: For the purpose of calculating minimum order level and volume discount, a container shall be taken to mean:
• 20 foot (or equivalent size) container,
• Having invoice value of US$20,000.00 or greater.

Kannoa will offer standard, Solids and Striped Fabric in Canvas from the Sunbrella Catalog at no additional Costs from our price lists; If client need a special fabric (Specialty Weaves, Jacquards, Texture patterns, Shadow, Rib, Sling, Sunsharp, Etc) that are not in the Kannoa fabric Catalog a 15% surcharge will apply. COM are offered and priced on a case by case bases. Shipping charges for the fabric selection may apply. Any Container orders with more that 10 different SKUs, will be subject to a 10% surcharge.
Any questions please contact us at info@kannoa.com