Terms and Conditions
[Shipping and Sales Tax]
[Payment Methods]
[Terms and Conditions]
KELLETT ENTERPRISES, INC - ONLINE CONTRACT
The following is the terms of the agreement between
Kellett Enterprises, Inc., (“Company”) and the buyer
(“Buyer”) of goods or services through the Company’s
Website (the “Site”). If you do not agree to these
terms, you will not be able to purchase anything, so
please review these terms carefully:
1. INTRODUCTION
Buyer agrees to the terms and conditions outlined in
this Online Contract ("Contract") with respect to the
goods, services and information provided by or
through the Site. This Contract constitutes the
entire and only agreement between the Company and
Buyer, and supersedes any and all prior or
contemporaneous agreements, representations,
warranties, and understandings with respect to the
goods, services and information provided by or
through the Site, and the subject matter of this
Contract. Buyer agrees to review this Contract prior
to purchasing anything and purchase of a good or
service shall be deemed acceptance of this Contract.
2. SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit
card information supplied is true, correct and
complete and (ii) charges incurred by the Buyer will
be honored by the Buyer's credit card company and
(iii) Buyer shall pay charges incurred by Buyer at
the amounts in effect at the time incurred, including
all applicable taxes. Buyer shall be responsible for
all charges incurred through use of Buyer's password.
Buyer agrees to keep his or her password confidential
and to notify Company within 24 hours of any breach
of this Contract or unauthorized use of the password.
Company does not protect Buyer from unauthorized use
of Buyer's password.
3. COPYRIGHT
The content, organization, gathering, compilation,
magnetic translation, digital conversion and other
matters related to the Site are protected under
applicable copyrights, trademarks, and other
proprietary (including but not limited to
intellectual property) rights, and, the copying,
redistribution, use or publication by a Buyer of any
such content or any part of the Site is prohibited.
4. EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to
edit or delete any information or content appearing
on the Site and to remove any goods and services for
sale. Upon notice published over the Service, Company
may modify this Contract, or prices, and may
discontinue or revise any or all aspects of the Site
in its sole discretion and without prior notice.
Modification of this Contract will be deemed
effective upon publication on the Site with respect
to transactions occurring after said date.
5. RIGHT TO REFUSE
Company reserves the right in its sole discretion to
refuse service at any time. Sale of any goods or
services is subject to availability.
6. INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Company
and its affiliates, licensors and suppliers harmless
from any liability, loss, claim and expense,
including reasonable attorney's fees, related to a
Buyer's violation of this Contract or use of the Site.
7. NON-TRANSFERABLE
Buyer's right to use the Service is not transferable
and is subject to any limits established by Company
or by Buyer's credit card company.
8. DISCLAIMER
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR
THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF
COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS
AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND
SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING
LIMITATION OF LIABILITY.
9. REFUND POLICY
If a product purchased is defective or not to Buyer’s
satisfaction, Buyer must first call Kellett
Enterprises, Inc., at 864.244.7248 and request an RMA
Number (Return Material Authorization Number). The
product must be returned in its original condition
within 30 days of receipt, to the following address:
201 Beverly Road, Greenville, SC 29609, USA. In such
event, Company shall provide Buyer a credit for other
purchases from the Site (less shipping and handling
charges incurred). This Section 9 sets forth Buyer’s
sole and exclusive right to refund.
10. USE OF INFORMATION
Company reserves the right, and Buyer authorizes
Company, to the use and assignment of all information
regarding Buyer’s use of the Site and all information
provided by Buyer, subject to applicable law.
11. GOVERNING LAW
This Contract shall be treated as though it were
executed and performed in the State of South
Carolina, USA and shall be governed by and construed
in accordance with the laws of the State of South
Carolina USA without regard to conflict of law
principles). Any cause of action of Buyer with
respect to the Site must be instituted within 1 month
after any purchase or be forever waived and barred.
All actions shall be subject to the limitations set
forth in Section 8. The language in this Contract
shall be interpreted as to its fair meaning and not
strictly for or against any party.
12. LITIGATION
All legal proceedings arising out of or in connection
with this Contract shall be brought solely in the
State of South Carolina, USA and Buyer expressly
submits to the jurisdiction of said courts and Buyer
consents to extra-territorial service of process.
Should any part of this Contract be held invalid or
unenforceable, that portion shall be construed
consistent with applicable law as nearly as possible
to reflect the original intentions of the parties and
the remaining portions shall remain in full force and
effect. To the extent that anything in or associated
with the Site or the Company is in conflict or
inconsistent with this Contract, this Contract shall
take precedence. Failure of Company to enforce any
provision of this Contract shall not be deemed a
waiver of such provision nor of the right to enforce
such provision.
13. ACKNOWLEDGMENT
This Agreement represents the entire understanding
between you and us regarding your relationship to
Online and supersedes any prior statements or
representations. IF YOU AGREE TO BE BOUND BY THE
TERMS OF THIS ONLINE AGREEMENT, please click the "I
Agree" button below. If you do not agree to the terms
of the Subscriber Agreement, please click the “I
Don’t Agree” button to log off the system.
If you don’t click on “I Agree” then you will not be
able to purchase any goods or services.
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