Terms of service
OVERVIEW
This website is operated by KLK Ecommerce Store. Throughout the site, the
terms “we”, “us” and
“our” refer to KLK Ecommerce Store. KLK Ecommerce Store offers this website, including all
information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to
all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do
not agree to all the terms and conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of those changes.
Our store is
hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and
services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service,
you represent that you are at least the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation
of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL
CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site is at your own risk.
This site
may contain certain historical information. Historical information, necessarily, is not current and is provided
for your reference only. We reserve the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your responsibility to monitor changes to
our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products
are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 –
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited quantities and are subject to return or exchange
only according to our Return Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of
any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of products
or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store. You agree to promptly update your account
and other information, including your email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns
Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools
over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access
to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content,
products and services available via our Service may include materials from third-parties.
Third-party links on
this site may direct you to third-party websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the
third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our
request, you send certain specific submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree
that your comments will not violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not use a false e‑mail address,
pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL
INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to
update, amend or clarify information in the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in the Service or on any related website has
been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g)
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 –
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that
may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we
may remove the service for indefinite periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except as expressly stated by us) provided
‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case
shall KLK Ecommerce Store, our
directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or any products procured using the service, or
for any other claim related in any way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the
service or any content (or product) posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited
to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to
indemnify, defend and hold harmless KLK Ecommerce Store and our parent, subsidiaries, affiliates, partners,
officers,
directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any
provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION
17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and us (including, but not limited
to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in
accordance with the law of the United States.
SECTION 19 – CHANGES TO TERMS OF
SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service following the posting of any changes to
these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us
at [email protected].