This Terms and Conditions of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you and PowerKicK LLC, the owner and operator of the PowerKicKinc.com website (the “Site”). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
This Agreement is intended to supplement the Website Terms of Use. PowerKicK LLC takes the issue of privacy on the Internet very seriously. The following are our Terms and Conditions of Sale:
Product Description; No Refunds or Exchanges
We attempt to describe the items offered on the Site as accurately as possible. All sales made through the Site are final. No refunds or exchanges for items purchased through this Site will be made.
Display
We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768.
Payments and Disputed Payments
The Site does not accept checks, drafts, or money orders for orders submitted through the Site. We accept major credit cards and Debit Cards. You will bear all costs associated with a disputed credit card charge which results in action from PowerKicK LLC's merchant account provider, otherwise known as “chargebacks”.
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, or expedited service, if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges that may apply to your order.
If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Back Ordered & Discontinued Items
We do our best to keep our inventory stockpiled, but we're not perfect and every so often we find ourselves out of stock. In the event that a product you ordered is not in stock or discontinued before we can update the website, we will make every effort to contact you. You are always welcome to wait for your item, or substitute another item of equal or lesser value. Items that have been discontinued are eligible for a full refund on the purchase price.
All items in your order must be in stock before your order ships. If the items are not in stock order time can exceed stated time.
Sales Taxes
Prices offered on the Site are quoted in U.S. Dollars. Such prices do include applicable California State Sales Taxe which will be included in your total invoice price. Sales tax will be added to all prices of taxable merchandise purchased on the Site.
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF POWERKICK LLC. YOU ACKNOWLEDGE BY YOUR USE OF POWERKICK LLC'S’ PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH POWERKICK LLC'S’ PRODUCTS. POWERKICK LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
POWERKICK LLC HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT POWERKICK LLC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST POWERKICK LLC ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS POWERKICK LLC FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
Arbitration
Any and all disputes or controversies arising under, out of or in connection with this Contract or the sale or performance of the products or services shall be resolved by final and binding arbitration in San Francisco, California. The arbitrators shall have no power to add to, subtract from or modify any of the terms or conditions of this Contract.
Governing Law and Venue
This Agreement, the entire relationship between you and PowerKicK LLC, and any litigation or other legal proceeding between you and PowerKicK LLC (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice of law rules. This contract is fully performable in San Francisco, California.
