Terms & Conditions
LEGAL NOTICE:
All notices from THEKELPBED.COM to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to THEKELPBED.COM shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
THEKELPBED.COM
4550 Saratoga Ave.
San Diego, CA 92107
Delivery shall be deemed to have been made by You to THEKELPBED.COM five (5) days after the date sent.
COPYRIGHT INFORMATION:
All content appearing on this Web site is the property of:
THEKELPBED.COM
4550 Saratoga Ave.
San Diego, CA 92107
THEKELPBED.COM-COPYRIGHT As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: THEKELPBED.COM-COPYRIGHT
TRADEMARKS:
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by THEKELPBED.COM. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of THEKELPBED.COM or any third party, except as expressly granted herein.
TERMS OF USE:
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. THEKELPBED.COM and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if THEKELPBED.COM believes that customer conduct violates applicable law or is harmful to the interests of THEKELPBED.COM and its subsidiaries.
PRIVACY POLICY
THEKELPBED.COM use of personal information that you may submit to THEKELPBED.COM through this Web site is governed by the THEKELPBED.COM Privacy Policy.
CONSUMER AGREEMENTS:
DISCLAIMER OF WARRANTIES
SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER?S MERCHANDISE.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Customer’s Credit Worsens
Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment when the same becomes due. Should Customer’s financial condition become unsatisfactory to Seller, in Seller’s sole discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment of merchandise.
Jurisdiction/Governing Law
Seller is headquartered in the State of California, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of California (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Texas and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Texas in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
WARRANTIES:
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. THEKELPBED.COM makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. THEKELPBED.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL THEKELPBED.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
– OR Depending on State –
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by THEKELPBED.COM.
The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. THEKELPBED.COM is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not THEKELPBED.COM.
The inclusion of material on this server does not imply any endorsement by THEKELPBED.COM, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although THEKELPBED.COM tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
RETURN POLICY:
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 5 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages or quality.
Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer.
UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS ON MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER.
Any shortages or damages that do occur will be replaced free of charge in Customer’s next shipment. Seller will not cover the cost of freight in replacements and may ask for proof of damage upon complaint.