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| Terms and Conditions |
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| Read Carefully. This Terms of Use Agreement ("Terms of Use")
applies to use of the KDGoods.com website located at http://www.KDGoods.com
(the "Site"). Before you make any purchases, you must first establish
a customer account ("My Account"). By clicking "I have read,
understand and agree to the Terms of Use," you agree to these terms of use.
If you do not agree, do not click on the button and do not use the site. |
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| KDGoods.com reserves the right, at its sole discretion, to change, add
or remove portions of this Terms of Use, at any time. It is your
responsibility to check this Terms of Use each time before using the Site.
Your continued use of the Site following the posting of changes will mean
that you accept and agree to the changes. You agree that all
subsequent purchases by you will be subject to the terms and conditions of
this Terms of Use, which shall apply until we post a modified Terms of Use
and then in accordance with such modified Terms of Use. As long as
you comply with this Terms of Use and any such modifications, KDGoods.com
grants you ("End User") a personal, non-exclusive, non-transferable,
non-sub licensable, limited privilege to enter and use the Site. |
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| 1. Content; Copyright and Trademark Notice. All media (downloaded
or samples), software, text, images, graphics, user interfaces, music,
videos, photographs, trademarks, logos, artwork and other content on the
Site (collectively, "Content"), including but not limited to the
design, selection, arrangement, and coordination of such Content on the Site
is owned or licensed by or to KDGoods.com, and is protected by copyright,
trade dress, and trademark laws, and various other intellectual property
rights laws. Except as expressly provided in this Terms of Use, no part of
the Site and no Content may be reproduced, recorded, retransmitted, sold,
rented, broadcast, distributed, published, uploaded, posted, publicly
displayed, altered to make new works, performed, digitized, compiled,
translated or transmitted in any way to any other computer, website or other
medium or for any commercial purpose, without KDGoods.com's prior express
written consent. Except as expressly provided herein, you are not granted
any rights or license to patents, copyrights, trade secrets, trade dress,
rights of publicity or trademarks with respect to any of the Content, and
KDGoods.com reserves all rights not expressly granted hereunder. KDGoods.com
expressly disclaims all responsibility and liability for uses by you of any
Content obtained on or in connection with the Site. |
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| 2. Registration; Customer Accounts; Use of Site. Certain services
offered on or through the Site require you to first open a My Account. You
are responsible for maintaining the confidentiality of your My Account
information, including your password, and for all activity that occurs under
your account. You agree to notify KDGoods.com immediately of any
unauthorized use of your account or password, or any other breach of
security. You may be held liable for losses incurred by KDGoods.com or any
other user of the Site due to someone else using your password or customer
account. You may not use anyone else's password or customer account at any
time. You may not attempt to gain unauthorized access to the Site. Should
you attempt to do so, assist others in making such attempts, or distributing
instructions, software or tools for that purpose, then your customer My
Account will be terminated. You agree to provide us with accurate, current
and complete information about yourself and your billing information as
prompted by the registration process. You may update any of your My Account
information, designate a different credit card to be billed, or change the
applicable expiration date on your currently designated credit card, by
clicking on the My Account button and selecting the appropriate link. You
may not use any automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy, probe, test
or monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or any of
the systems or networks comprising or connected to the Site. |
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| 3. Consent To Collection, Use & Disclosure of Your Personal
Information. You must disclose certain Personal Information to use our
Site, register, and make purchases. As a condition of registering with our
Site or making any purchases of any products and/or services or conduct any
transactions, you represent that you have first read our Privacy Policy and
consent to the collection, use and disclosure of your Personal Information
as described in our Privacy Policy. Our Privacy Policy's terms and
conditions will change from time to time, and as a condition of browsing the
Site, using any features or making any purchase, you agree that you will
first review our Privacy Policy prior to making any initial or subsequent
purchases. |
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| 4. Consent To Our Communication With You By E-Mail. By
establishing a My Account with us, and each time you make a purchase through
our Site, you grant permission for KDGoods.com to contact you at your e-mail
address. To stop receiving our marketing emails, send an e-mail to us at
service@KDGoods.com. |
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| 5. Conditions of Sale and Payment Terms. To purchase any goods
and/or services on our Site, you must (a) be at least eighteen (18) years of
age or the applicable state age of majority, (b) be a natural person (no
corporations, partnerships or other legal entities), and (c) be a resident
in the 50 states of the United States of America, exclusive of its
commonwealths, territories and possessions ("United States"). Prior
to the purchase of any goods or services on our Site, you must provide us
with a valid credit card number and associated payment information including
all of the following: (i) your name as it appears on the card, (ii) your
credit card number, (iii) the credit card type, (iv) the date of expiration
and (v) any activation numbers or codes needed to charge your card. By
submitting that information to us, you hereby agree that you authorize us to
charge your card at our convenience but within thirty (30) days of credit
card authorization. All sales of products and services are final. All
charges from those sales are nonrefundable. |
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| 6. Methods of Payment, Credit Card Terms and Taxes. All payments
must be made by VISA, MasterCard, American Express, Discover, and government
credit cards (each of which may be removed by KDGoods.com in its sole
discretion). Unless expressly set forth on the KDGoods.com site, we do not
accept any other payment form. If we offer or accept any other form of
payment, you hereby agree to all restrictions, terms and conditions
associated with such additional form of payment. Your card issuer agreement
governs your use of your designated card, and you must refer to that
agreement and not this Terms of Use to determine your rights and liabilities
as a cardholder. YOU, AND NOT Kdgoods.com, ARE RESPONSIBLE FOR PAYING ANY
UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree
to pay all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when the charges
were incurred. Unless you notify KDGoods.com of any discrepancies within
sixty (60) days after they first appear on your credit card statement, you
agree that they will be deemed accepted by you for all purposes. If
KDGoods.com does not receive payment from your credit card issuer or its
agent, you agree to pay all amounts due upon demand by KDGoods.com or its
agents. You are responsible for paying any governmental taxes imposed on
your purchases, including, but not limited to, sales, use or value-added
taxes. KDGoods.com shall automatically charge and withhold the applicable
sales tax for orders to be delivered to addresses within California and any
other states or localities that it deems is required. |
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| 7. Order Acceptance Policy. Your receipt of an electronic or
other form of order confirmation does not signify our acceptance of your
order, nor does it constitute confirmation of our offer to sell. KDGoods.com
reserves the right at any time after receipt of your order to accept or
decline your order for any reason. KDGoods.com further reserves the right
any time after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. Your order will be deemed
accepted by KDGoods.com upon shipment of products or performance of services
that you have ordered. Title to goods passes to you upon delivery to the
common carrier. All orders placed over $1000.00 (U.S.) must obtain
pre-approval with an acceptable method of payment, as established by our
credit and fraud avoidance department. We may require additional
verifications or information before accepting any order. |
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| 8. Not Responsibility To Sell Mispriced Products Or Services.
KDGoods.com shall have the right to refuse or cancel any orders placed for
products and/or services listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical errors.
KDGoods.com shall have 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
canceled, KDGoods.com shall immediately issue a credit to your credit card
account in the amount of the charge. |
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| 9. Modifications to Prices or Billing Terms. KDGoods.com reserves
the right, at any time, to change its prices and billing methods for
products and services sold, effective immediately upon posting on the site
or by email delivery to you. |
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| 10. Service and Support for Goods Sold. All requests for
technical service and support should be made directly to the manufacturer in
accordance with their terms and conditions. |
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| 11. Disclaimer of Warranties. The site, products, services, content,
software, artwork, data, and information are provided "AS IS". All of
KDGoods.com's physical products are guaranteed against material defects for
thirty (30) days from the date of invoice. KDGoods.com's 30 days limited
warranty is a defective exchange policy that provides for either repair or
replacement (at our sole discretion) of merchandise that has been confirmed
as defective by either the manufacturer or KDGoods.com. Terms and conditions
may vary by product or manufacturer. KDGoods.com will assist customers
whenever possible in gaining satisfaction with product manufacturers. For
assistance or to exchange a defective product please email to
service@kdgoods.com. Products returned for exchange must be in new
condition, original packaging and include all packing materials and other
accessories and be received within 30 days of the invoice date. We reserve
the right to refuse for return or charge a restocking fee for damaged or
incomplete returns. No returns will be accepted without an RMA number issued
by KDGoods.com or when the product manufactures or distributors return
policies supersede ours. All related fees (shipping & return shipping fees)
are NON-REFUNDABLE for all products in all cases. No refunds are accepted
for SPECIAL ORDER, CLOSE-OUT and PROMOTIONAL ITEMS. |
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| 12. Limitation of Liability. The entire risk arising out of the
use of the site, the use of any products and/or services offered on or in
connection with the site, and/or the use of any content remains with you. In
no event shall KDGoods.com or its licensors or any of their officers,
directors, employees, agents or affiliates be liable for any consequential,
incidental, direct, indirect, special, punitive, or other damages whatsoever
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or other pecuniary
loss) arising out of this terms of use or the use of or inability to use any
products, services, content, with the delay or inability to use the
KDGoods.com site or related services, the provision of or failure to provide
products or services, or for any information, software, products, services
and content obtained through the site, or otherwise arising out of the use
of the KDGoods.com site whether based on contract, tort, negligence,
strict liability or otherwise even if KDGoods.com
) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY
PRODUCTS, SERVICES, CONTENT, WITH THE DELAY OR INABILITY TO USE THE
KDGOODS.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE KDGOODS.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE EVEN IF KDGOODS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF
USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT KDGOODS.COM SHALL HAVE
IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO KDGOODS.COM BY END USER. ORDER
INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR
INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF
KDGOODS.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN
INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT
OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN THE PARTIES. |
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| 12. Shipping. KDGoods.com attempts to ship your order within
24-48 hours of being placed, unless product is on back order, limited
availability or special order status. Orders placed on weekends or holidays
are shipped the following business day. Most items are shipped using Fedex
Ground transportation. 2 Days Select or Next Day Air shipments are also
available. Please allow 3-4 business days for all standard shipments. When
the shipment (s) is/are refused or undeliverable, customer will be
responsible for the second time S&H, if refuse to pay, there will be 20%
restocking fee charge.
KDGoods.com prefers to ship all packages to the billing address of the
credit card. The accuracy of this address is the responsibility of the
cardholder. Address corrections that are made while in transit or after
delivery to a wrong address are expensed to the cardholder credit card as we
incur charges from UPS for this service. Orders shipped to any address other
than the billing address may be delayed for credit card verification. We
accept FPO, APO address, but expect a 3 to 5 days delay from USPS.
Shipping charge is easily determined thru our checkout process. Simply
add the items you wish to purchase into your shopping cart, follow the steps
of checkout and select the method of shipment. Afterwards the shipping
charge will appear. |
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