Terms of Use


Welcome to the online service of KNACK LLC and www.knackshops.com. These terms of use (“Terms”) govern your visit and use of the online services, websites, and/or software provided on or in connection with the service provided by KNACK LLC. By accessing or using the Knack website and services, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Knack Privacy Policy. These Terms apply to all visitors, users, and others who access the service (“Users”).

Use of Our Service

Knack is an online marketplace that allows individual users and groups to create custom gifts. By using the Knack website and service, you understand that (i) you may not be buying directly from Knack, but one of the gift providers on Knack.

Accounts

Knack users create accounts for the purposes of accessing the service, engaging with other users, and making purchases through the Knack website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password.

Age

We provide surprising, entertaining gifts for people of all ages, but Knack does not knowingly collect personally identifiable information from children under the age of thirteen. You must be at least 13 years of age to use the Knack website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 13 years of age and you understand and agree to these Terms; (b) if you are between the ages of 13 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Knack website and service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Opt-Out and Unsubscribe

Knack understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Knack by contacting us here: knockknock@knackshops.com.

Purchases and Payment

If you wish to purchase any product or service made available through the Knack website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. You acknowledge that Knack is not liable for any breaches of credit card or debit card security or privacy.

We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Shipping

Knack will ship all gifts and products purchased through the website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.

Terms and Conditions for Wine Orders
  1. General sale: KNACKSHOPS.COM does not sell alcohol to persons under the age of 21. By purchasing alcoholic beverages through this site you swear and affirm that you are over the age of 21. KNACKSHOPS.COM makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from KNACKSHOPS.COM is over the age of 21. You also agree that any alcohol purchased from KNACKSHOPS.COM is intended for personal consumption and not for resale.
     
     
  2. Title + ownership: Title to and ownership of all wine passes from KNACKSHOPS.COM to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, KNACKSHOPS.COM is providing a service to and acting on behalf of the purchaser. By utilizing this service from KNACKSHOPS.COM the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
     
  3. Special conditions for wine shipping: As of August 1st, 2016, KNACKSHOPS.COM is able to ship wine to the following states:  Alaska, California, Washington D.C., Idaho, Missouri, New Mexico, and Washington. Any order containing alcoholic beverages from KNACKSHOPS.COM must be signed for at the time of delivery by a recipient age 21 or older who can present valid identification. KNACKSHOPS.COM is not responsible for orders that cannot be delivered in person and signed for by a recipient with valid ID. To ensure expedient delivery, we recommend having orders shipped to a reliable daytime or business address. 
Indemnification

You agree to defend, indemnify and hold harmless Knack and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Knack website.

Limitation of Liability

In no event shall Knack, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimers and Warranties

The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Knack disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (i) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranty arising out of course of dealing, usage, or trade. Knack does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding knack or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, your dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.

some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

Statement Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.

Governing Law

These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Knack agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating any dispute. We operate the service from our offices in Washington, and we make no representation that the service offered is appropriate or available for use in other locations.

Questions or Comments

Knack welcomes your questions or comments regarding these Terms. If you believe that Knack has not adhered to these Terms, please contact us.

Our Site is maintained in the United States. By using the site, you authorize the export of personal information to the United States and its storage and use as specified in this policy.

Dispute Resolution and Arbitration

In the interest of resolving disputes between you and Knack in the most expedient and cost effective manner, you and Knack agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KNACK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and Knack will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Knack.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Knack’s address for Notice is:

[5819 6th Ave S, Seattle, WA 98108]

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Knack may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you and Knack must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Knack will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Knack in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

If you commence arbitration in accordance with these Terms, Knack will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Knack for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

YOU AND KNACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Knack agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If Knack makes any future change to this arbitration provision, other than a change to Knack’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Knack’s address for Notice, in which case your account with Knack will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.]

Notice to California Residents

If you are a California resident, California Civil Code Section 1789.3 allows You to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the service or to receive further information regarding use of the service. To learn more about exercising your rights and your personal information, please visit California Privacy Rights.

Effective Date

These Terms are effective and were last updated on August 31, 2021.