Terms & Conditions
TERMS OF SALE
YOUR PURCHASE AND USE OF ANY ITEM SOLD ON KOMPOSANUSA.COM (“WEBSITE”) SHALL BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH IS A BINDING AGREEMENT BETWEEN YOU (“YOU”) AND KOMPOSANUSA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“US OR “WE”).
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT.
Sale Authorization & Payment Terms
By providing your credit card, debit card, Stripe/PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all items You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.
We are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any item description or information contained on this Website regarding such item. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If an item’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the item to You. If an item’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order.
All sales are subject to item availability and we may revise and discontinue any item at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to i) limit the available quantity of or discontinue any item; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any item we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If an item You have ordered is unavailable, your order will be placed on backorder and we will send an e-mail to You containing the estimated arrival time. After receipt of our email, You can then elect to wait for the item, or You may cancel your order by responding to the email and requesting that the order is cancelled.
Accuracy of Materials
We make every effort to describe and display our items accurately on this Website. However, a small number of the items may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates on our Website. Accordingly, we do not guarantee the accuracy or completeness of the information provided on this Website relating to item prices, exact item colors, shapes or sizes as depicted on this Website regarding item availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions in connection with the item at any time without prior notice.
Title to Items & Risk of Loss
Title to any items You purchase from us and risk of loss or damage to such items during the shipping process shall pass to You upon delivery by us to the carrier for shipment of any item(s) You purchase.
We will generally ship any items you purchase within 1-3 business days from the date ordered. All costs of shipping, handling, and any sales or value-added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock merchandise to be shipped from our facilities and delivered to You. ("Business days" means Monday-Friday, excluding holidays). In some cases, merchandise may actually ship earlier than expected. An initial confirmation email may be sent by us to You after successfully placing an order through our Website. However, any confirmation you receive from us regarding receipt of any order by You does NOT mean your order request has been received or that your order has been accepted or shipped as this is an automated email confirmation. Once your order request has been successfully received and your item has been shipped, You will receive an email confirmation of the shipment.
We only ship to address within the continental United States and we do not ship to P.O. boxes.
Any oversized items may be marked as requiring a special delivery charge in addition to the stated shipping fees. Any special delivery charge varies depending on the size and weight of the item. These charges will be included in the shipping and handling subtotal on the checkout page.
Taxes & Other Charges
Unless otherwise indicated and, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of the item from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same unless You provide us with a valid and correct tax exemption certificate applicable to your purchase of the item(s).
Our Return Policy
You may return any item purchased from us for any reason or for no reason. All returns must be shipped (postmarked) to us no later than thirty (30) days from the delivery date. Failure to follow the return instructions included with the item or posted on this Website shall render any obligation by us to refund your purchase price null and void. We will refund the purchase price of the returned item in full, but excluding any shipping and handling charges You have paid, which are non-refundable by us (to the extent free shipping on any such item(s) has not been offered by us). You will also be solely responsible to pay for all return shipping costs back to us You incur for any item(s) You return. (If applicable, in instances where we have created an account with the shipping service and have elected to be charged directly for return shipping costs, then such costs will be directly deducted from any refund You receive.)
All returned items must be shipped back to us using a shipping service that offers a tracking option. Unless otherwise noted during your purchase, items may be returned in an opened box or opened packaging provided any returned item(s) is undamaged and is in an unused condition and must include all documentation, media or all other separate items or components that were included in the original shipment. Any items You return cannot be damaged and cannot show any signs of wear or use or no refund will be provided whatsoever. You are responsible for all risk of loss for any returned items. We are not responsible for any returned items that are lost or damaged during shipping. We will provide a refund to you as soon as is reasonably possible after our receipt of your returned item(s) and after we have inspected the same to determine whether or not any such item(s) is damaged or whether any signs of wear or use exist.
To return any item You purchase, please send all return shipments to: ____________CA, 9_______, United States.
Once any returned item(s) is received and inspected by us, we will notify You by email that we have received your returned item(s) and whether we have approved or rejected your request for a refund, as based upon the reasons set forth above. All approved returns will be processed and a credit will automatically be applied to your credit card or applied to your original method of payment within a reasonable amount of time thereafter. If you do not receive any refund You are entitled to receive under this Policy, please re-review your bank account statements or contact your credit card company, as applicable. We do not have any control over the refund processing time by your credit card provider or by your bank. If You believe that an unusual amount of time has elapsed from the date You have received a refund/return approval notification from us, please contact us at email@example.com.
Exchanges For Defective Items
We will replace any item(s) You purchase that is defective (which includes any unknown damage to such item(s) caused by us during packaging) upon our receipt of notification by You that such item(s) is defective and a request by You that the item(s) is exchanged for an identical non-defective item(s). In such case, we will be responsible for all shipping and handling costs in connection with any return shipment by You. You should follow the same procedure for returning non-defective items as set forth above. Any replacement items we exchange/replace will not be shipped back to You until we have had a reasonable amount of time to inspect all returned items.
You may cancel any existing purchase by sending us an email before the item(s) is shipped (usually 1-3 business days from the date of your purchase). No cancellations will be honored by us if made after any item(s) You have purchased have been shipped. All requests to cancel any existing purchases must be made by sending an email to firstname.lastname@example.org, which must contain your request to cancel your purchase and should include the purchase/order number or date of sale if no purchase/order number was provided. Once the item(s) has been shipped, You must contact us by email to initiate the return process. (Notwithstanding, in some cases, shipments may be able to be intercepted if You have listed an incorrect address for shipment and You promptly notify us upon discovering any such error.)
Changes To Existing Purchases
Modifications to any existing purchases will be permitted at any time prior to the shipment of the original item(s) the subject of the purchase. Any additions to any purchases shall be subject to item availability and may not be able to be shipped within the same time-frame as your original purchase in some cases. All requests to make changes to an existing purchase must be made by sending an email to email@example.com.
You may only use any items You purchase from us for your own internal personal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any item(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any items made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any item You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the items or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any item names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc., posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title, and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, item names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or items referenced on this Website unless otherwise expressly stated, regardless of how such items or services may be referenced or identified.
Express Item Warranties
The following express warranties are provided for all items purchased under the terms of this Agreement:
we provide a FIVE (5) year warranty against defects in PARTS. If any part(s) comprising any item You purchase is or should become defective and you notify us within five (5) years from the shipment date, we will ship to You appropriate replacement parts at no charge. You will be responsible for installation of such parts and only the defective parts will be replaced and not the entire item. If we no longer carry the original item part You purchased, we will replace such defective part(s) with a substantially similar part of equal value. Before we will honor any warranty claim, we require that You provide to us proof of your original purchase in addition to providing us with a picture of any item defect(s) in connection with each specific warranty claim that You make so that we may properly document any claim(s) made by You internally. This obligation by You shall be a condition to our obligation to perform under this Warranty in connection with any warranty claim You make.
NO OTHER EXPRESS OR IMPLIED WARRANTIES
EXCEPT FOR THE WARRANTIES EXPRESSLY STATED ABOVE, WE MAKE NO OTHER WARRANTIES OF ANY KIND REGARDING YOUR USE OR THE PERFORMANCE ANY OF THE Item(S) YOU PURCHASE, WHETHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR Item DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, Item MISUSE, ABUSE, Item MODIFICATION, IMPROPER Item SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY Item NOT MADE BY US WILL BE INCLUDED WITH THE Item.
Limitation of Liability
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY Item OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE Item IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties and the extent of our liability shall be as limited as allowed under any applicable laws.
Information Security Policy
We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to our Website. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
- Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
- Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
- Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in Los Angeles County California. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
- Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your purchase of any item we sell to You may only be brought exclusively in a state or federal court situated in Los Angeles County California, and You hereby expressly agree to submit to the personal jurisdiction of such court or tribunal and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the state of California, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
- Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
- Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.
- Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
- Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
- Survival. Any provisions of these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
- No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.