Terms & Conditions:
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION PARTICIPATION. PLEASE READ FULLY AND CAREFULLY.
1. Access and Use of the Website.
This Agreement grants you a limited, revocable, nonexclusive license to access the Website for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the content nor use of data mining or similar data gathering and extraction tools for any purpose unless expressly authorized in writing by us.
From time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond our control.
2. Purchase of Products.
To purchase products from the Website you must be at least eighteen (18) years of age.
Kiierr International retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Your Online Store URL or may in some cases be a third party. Where a contract is made with a third party Kiierr International is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order you agree to provide us with truthful and accurate information about yourself including your name, address and telephone number. You also warranty that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been placed into shipping to you. Only those products listed in the confirmation e-mail sent at the time of shipping will be included in the contract formed.
(b) While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as approved. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition to the price of the product. Such additional charges are clearly displayed where applicable and included in the total cost. Sales tax may also apply and that will be clearly displayed as well.
(c) Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
3. Seven (7) Month Satisfaction Guarantee Return Policy
We want you to be completely satisfied with your purchase of our Products! For that reason, we will refund the purchase price less initial shipping charges, under the limited terms in this Section 2 if you are not satisfied with your results. This guarantee return policy only applies to purchases made from the Website and refunds will only be made to the customer who made the purchase as shown by a valid proof of the purchase and registered for the warranty. Because results are dependent on long-term use according to the instructions accompanying the products, you must use the product for at least seven months (210 days) before requesting to return the product for a refund. If you use the product as directed for seven months and are not satisfied with the results, you may contact us in the thirty days following the seventh month of use at [email protected] and request a Return Authorization Number (“RA”). Again, this request must be made within thirty days of the end of the seven-month period. The same representative who issues the RAN to you will also provide you with instructions as to how to return the product, which you must follow. Those instructions include a require the postmark on the return package to be within seven (7) days of the date of the RAN was issued to you. The product must be substantially in the same condition it was in when you received it, including all associated parts, except for normal wear. All parts must be in the return package. The RAN must be written on the outside of the package. All return shipment must be fully paid by the customer. Once we receive the product and verify the RAN and the product condition, we will submit the refund to the same payment source used for the initial purchase. This satisfaction guarantee policy can only be used by a customer once. If you have returned a product under this policy, you are not eligible for any further returns.
4. Manufacturer’s 2 Year Limited Warranty.
We provide a manufacturer’s limited warranty which allows for replacement of the product in the event of defects in the materials or workmanship of the Product for a period of two years from the date of reciept. This Limited Warranty is void if the product has been damaged through no fault of the manufacturer, altered in any way, or used in a manner other than as directed.
5. Warranty Disclaimer/Disclaimer of Liability.
The Website and its content are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided on, by or through the Website, including the implied warranties of merchantability or fitness for a particular purpose. Your use of the Website is at your sole risk. You assume full responsibility for all costs associated with your use of the Website. You agree that we will not be liable for any damages of any kind related to your use of the Website.
IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, DISTRIBUTORS, SUPPLIERS, AGENTS, OR OPERATOR OF THE WEBSITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE WEBSITE OR USE OF ANY PRODUCT PURCHASED BY OR THROUGH THE WEBISITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF PRODUCTS PURCHASED ON THE WEBSITE OR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. Liability Limitation
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WEARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF LIFECELL YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. LIFECELL IS SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. Third Party Payment Processing
8. BINDING ARBITRATION AND CLASS ACTION WAIVER.
- If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the use of our Website or sale of Products by or through the Website, these Terms and Conditions and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
- If you elect to seek arbitration, you must first send us by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: _________________ (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address used for your account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
- YOU AND WE 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 we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
9. Modification of Terms and Conditions and/or Website.
We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Website. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. By continuing to use the Website following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes.
We also reserve the right, at any time, to change or discontinue any content on the Website or any products made available through the Website without notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Website or of any content, feature or product offered on or through the Website. Your continued use of the Website after such changes will indicate your acceptance of such changes. From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Website, or we may add new areas or features to the Website.
10. Intellectual Property Rights.
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are displayed upon or part of the Website are protected by U.S. federal and state intellectual property laws. All content is subject to copyright or trademark or other intellectual property rights owned by us or others who licensed the use thereof.
The materials on the Website, and the Website as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Website without prior written authority of us or the owner of the intellectual property.
11.User and/or Customer Submissions.
By contacting us or providing us any messages or data, including pictures and videos, you warrant and represent that you are the owner of the content provided or have all rights necessary to submit, disclose, transmit and otherwise provide to us or use any such content for your intended purpose. By providing us the information or content you grant to us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, notify us at the time you contact us or submit information to us.
You agree to indemnify, defend and hold us and our directors, officers, employees, agents and shareholders, harmless and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited, to reasonable costs and attorneys’ fees, arising out of information including but not limited to photos, or the use of the Website, or the violation of any of the provisions of this Agreement, by you.
13. Governing Law and Jurisdiction.
This Agreement is entered into in the State of Montana and is governed by the laws of the State of Montana and by the federal laws of the United States, without reference to conflict of laws principles. If any matter is to be adjudicated by a court, then you agree to the exclusive jurisdiction of the state and federal courts in Montana to adjudicate any dispute arising out of or relating to this Agreement or your use of the Website or purchase of products through the Website. You also expressly consent to the personal jurisdiction of the state and federal courts in Montana for any such action.
14. Enforcement and Waiver.
If any section or provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control. You must comply with all applicable laws and regulations relating to your access to and use of the Website. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
15.Digital Millennium Copyright Act Compliance Notice.
If you believe any of the content on our Website infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). We will process notices of alleged infringement we receive and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our designated agent:
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices that do not comply with the law will be disregarded.
16. ELECTRONIC CONSENT
These terms and conditions apply to all transactions made on or through the Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from us relating to your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any products through the Website. By accessing, using or ordering our products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.