Terms and Conditions
1. Use of this Website
We grant you a limited license to use the Website for personal use only. Consequently, this grant also does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the Contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Contents of this Website not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any intellectual property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Contents of the Website or to collect any information from the Website or any other user of the Website.
You agree that:
- You will only use the Website to make legitimate inquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- If you do not give us all of the information that we need, we may not be able to complete your order.
- You will not use the Website to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
- You will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
- By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
- KG reserves the right to deny in its sole discretion any user access to this Website without notice and with or without reason.
2. International Access
This Website may be accessed from countries outside the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations. For International orders, please email firstname.lastname@example.org.
3. Linking to this Website
4. Price and Payment
The price of the products shall be the one quoted from on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation). All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the shipping charge and sales tax (if applicable). Prices may change at any time.
Sales tax will be collected in accordance with PayPal’s policies.
5. How Purchase Contracts are Formed
No contract (“Contract”) with respect of the purchase of a product offered on the Website shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Complete Order" button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched by sending you an email (collectively, the “Shipment Confirmation”). We will not be bound to supply any other products that may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Notwithstanding the foregoing, your card or other method of payment may or may not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon order. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
You acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.
6. Refusal of Order
We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.
7. Limitations on KG’s Liability
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from the Website.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, ATTORNEYS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
We make no warranties of any kind regarding any non-KG sites or mobile apps to which you may be directed or hyperlinked from the Website. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-KG sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website.
8. Intellectual Property
Neither our affiliates nor us warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
9. Copyright and/or Trademark Infringement
If you believe a work on the Website constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
- proof of your authorization to act on behalf of the owner of the copyrighted work or trademark;
- a description of the copyrighted work or trademark that you claim has been infringed;
- a description of where the alleged infringing material is located on the Website, including the permalink where the material is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and
- your physical or electronic signature.
KG's Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at email@example.com.
10. Registration, Passwords and Security
To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.
11. Posted Content and Submissions
As part of your use of the Website and services offered on the Website, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Website. You hereby grant us the right (including any moral rights) and worldwide license to use the Posted Content on the Website and to promote and advertise the Website and KG in any way.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
- post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
- post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
- post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
- post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
- post any chain letter or pyramid scheme; or
- post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
KG does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. KG does not confirm that each user is who he or she claims to be. KG exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred KG is in no way liable for such misuse. Because KG is not involved in user-to-user dealings and does not control the behavior of participants on the Website, in the event that you have a dispute with one or more users, you release KG from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. KG acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the Posted Content. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. KG has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. KG expects that you will use caution and common sense when using the Website and Services.
KG HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST KG FOR SUCH REMOVAL AND/OR DELETION. KG IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE WEBSITE.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that KG has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Website is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Website, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, KG by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by KG.
12. Unable to Deliver
Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders, which cannot be delivered, will be returned to warehouse. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery, where the package is safe from weather and is not visible to passersby. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package. We are not responsible for lost or missing packages after delivery.
13. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Any shipping, postal or other relevant transport strike, failure or accidents.
- Strikes, lockouts or other industrial action.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
14. Risk and Title
Ownership of the product(s) will pass to you upon delivery.
All notices given by you to us should be given to us preferably via the avenues of contact provided on our “Contact Us” webpage. We may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
16. General Provisions
This Website is operated under the supervision of KG from its offices within the state of New York. If you choose to access this Website from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Website in violation of United States export controls.
17. Questions and Feedback
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via firstname.lastname@example.org.
Last updated March 2018