These General Terms and Conditions of Sale (these “Terms
”) contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your purchase of the products on our Website. Please read carefully.
By placing an order for products from www.kometusa.com (the “Website
”), you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
You may not order or obtain any products from the Website if you (i) do not agree to these Terms, (ii) are not eighteen (18) or of legal age to form a binding contract, or (iii) are prohibited from accessing or using the Website or using any of the products by applicable law.
1. Applicable Conditions and Scope
1.1 Unless otherwise expressly agreed upon in writing, the purchase and sale of the products through the Website are exclusively subject to these Terms.
1.2 These Terms are subject to change by Komet USA, LLC, d/b/a Komet USA, a South Carolina limited liability company (“us
,” or “our
”) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date
” referenced on the Website. You should review these Terms prior to purchasing any products from the Website. Your continued use of the Website and purchase of any products after the Last Updated Date will constitute your acceptance of and agreement to such changes.
2. Information and Documentation
2.1 Any information given on the products is provided by the manufacturer and does not represent advice by us. The data, including but not limited to, the possibilities of use of the products, is average data only and does not represent an express or implied warranty of any kind.
2.2 Any document and materials, such as drawings, samples, or models, made available to you in connection with the products remain our property. You shall not disclose to any third parties the documents and materials made available and not publicly available on the Website without our prior written consent.
3. Order Acceptance and Cancellation
3.1 You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We expressly reject any different or additional terms or conditions contained in any documents submitted by you. Our provision of credit, acceptance of any purchase order and/or sale of any products are expressly made conditional on your acceptance of these Terms.
3.2 We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4. Shipment; Delivery; Title and Risk of Loss
4.1 We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments and we are entitled to make partial deliveries. Place of performance is always Rock Hill, South Carolina. Title and risk of loss pass to you upon our transfer of the products to the carrier unless otherwise agreed in writing.
5. Returns and Refunds
5.1 In the event we do not deliver the products within two (2) weeks after expiration of the delivery estimate not resulting for a delay caused by you or a Force Majeure event (defined in Section 11 below), you may cancel your order for a refund. Time periods for delivery do not begin to run until payment is received and your order is accepted by us, or until you have paid an advance payment in case such payment has been agreed upon in writing. In cases of Force Majeure, we shall be entitled to extend the delivery period for the duration of the obstruction and for a reasonable period thereafter to reinstate production. If it is foreseeable that the inability to perform will be of a permanent nature, we are entitled to cancel the delivery in whole or in part.
5.2 You shall examine the products immediately upon receipt at the place of destination, also if models or samples were delivered in advance. The products are to be particularly examined with respect to their external quality. If boxes, cartons, or other containers are delivered, samples shall be taken at random. The products shall be deemed to have been accepted without any defects, unless you notify us of any defect within ten (10) days after receipt of the products at the place of destination or, in case of hidden defects, within ten (10) days after the defect was discovered or should have been discovered. The notification must be made in writing and must specify the defect. Notwithstanding the foregoing, you must notify us of defects of the products no later than 60 days from the date of receipt. Any such notice must be addressed to us at the address herein.
5.3 Within the time period above, we will accept a return of the defected products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, please call 1-800-208-1630 or email our Returns Department at email@example.com
to obtain a return authorization number before shipping your product. No returns of any type will be accepted without a return authorization number.
5.4 You are responsible for all shipping and handling charges on returned items unless otherwise specified by us in writing. You bear the risk of loss during shipment. We therefore strongly recommend that you insure your return at full value, use sufficient padding and a traceable method to return your order. All returns after 90 days from the invoice date are subject to a 10% restocking fee.
5.5 Refunds are processed as soon as possible but may take up to 10 business days of our receipt of the returned product or canceled order. Your refund will be credited back to your customer account. Upon request, refunds will be processed to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS Website AS NON-RETURNABLE.
6. Prices, Payments
6.1 All prices, discounts, and promotions on the Website are subject to change without notice. The price charged for a product or service will be the price advertised on the Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Prices include standard packaging and do not include any sales or use tax or charges for shipping and handling. All such taxes and charges will be added to your total price at the rate in force at the time of supply, at freight rates, customs tariffs and any further duties applicable at the time of delivery, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
6.2 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before acceptance of an order. You are not entitled to make any deductions from amounts due to us due to any counterclaims or to exercise a right of retention unless the counterclaims or the right of retention have been acknowledged by us in writing.
6.3 Our standard payment term is DUR (Due Upon Receipt). Payment is due once your order is received. We use a third-party payment processor to process all transactions. Through our payment processor, we accept all major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. Without waiving any of our other rights or remedies, we may refuse additional orders until all overdue amounts are paid in full.
7. Warranty and Disclaimers
7.1 To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
7.2 AS BETWEEN US AND YOU, ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) FITNESS FOR A PARTICULAR PURPOSE; OR (B); MERCHANTABILITY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
7.3 You affirm that we shall not be liable, under any circumstanced for any such breach of warranty claims or for any damages arising out of manufacturer’s failure to honor its warrant or obligation to you.
8. Limitation of Liability
8.1 In no event shall we be liable to you or any third party for any consequential, indirect, special, incidental, exemplary, punitive, or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these Terms, regardless of (i) whether such damages were foreseeable, (ii) whether or not we were advised of the possibility of such damages, and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
8.2 Your sole and exclusive remedy for any cause whatsoever, and our sole and entire maximum liability, for any reason, shall be limited to the actual purchase price of the products ordered through the Website.
9. Products Not for Resale or Export.
You represent and warrant that you are buying products from the Website for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
governs the processing of all personal data and information collected from you in connection with your purchase of products through the Website.
11. Force Majeure
. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national or state of emergency, national or state of disaster, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage (collectively “Force Majeure
12. Applicable Law; Jurisdiction
. All matters arising out of or relating to these Terms are governed by or construed in accordance with the laws of the State of South Carolina, without regard to its choice of law or conflict of law provision or rules, whether of the State of South Carolina or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of South Carolina. Any legal action, suit, or proceeding arising out of or relating to these Terms shall be in a state of federal court situated in Rock Hill, South Carolina, and you hereby irrevocably submit to the exclusive jurisdiction of such courts, and you hereby waive any objection based on forum non conveniens
or any objection to venue of any such action, suit, or proceeding.
. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. Amendments; Waiver
. Any alterations and amendments to these Terms, must be made in writing and signed by each party to be valid. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Komet USA.
15. No Third-Party Beneficiaries
. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
16.1 To You
. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
16.2 To Us
. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier or registered or certified mail to KOMET USA LLC, 3042 Southcross Blvd., Suite 101, Rock Hill, South Carolina 29730 USA. We may update our address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. The invalid provision shall be replaced by a valid provision reflecting in an economic respect as closely as legally possible the objectives of the invalid provision. This applies also to issues the parties intended but failed to address.
18. Entire Agreement
. Our order confirmation, these Terms, www.kometusa.com