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You are here : Home > About Us > Terms Conditions
Terms Conditions

 
Damage or Defective Claim

All items are checked before dispatch, however, if you product is damaged upon receipt, please contact us immediately or NO later than 5 business days. We will send you call tag for return, and a Credit Memo will be issued accordingly, you can use the credit for your next purchase or an refund can be issued upon request.                                                                                     

Returns MUST be addressed as follows:

K.B.W Global Corp
9832 Max Shapiro Way,
South El Monte, CA 91733

Please make sure that a copy of your invoice or a note of your order number or customer ID# is included in the box

Failure to do this could result in your refund being delayed

A refund will be issued within 7 days of receipt.

PLEASE DO NOT RETURN ITEMS THAT HAVE BEEN WORN AS REFUNDS WILL NOT BE ISSUED UNDER ANY CIRCUMSTANCES
 

Delivery times vary between 1-3 working days

If you need your order shipped out urgently, please make sure to confirm your order and payment by 10:30am and CALL to confirm we have well received your order.
 

Disclaimer

K.B.W Global Corp does not assume any legal liability or responsibility for an allergic skin reactions or illness suffered as a result of wearing any of our products

We reserve the right to alter these Terms & Conditions at any time


Contact kbwcorp@gmail.com or call 626-258-2938


Standard Terms and Conditions of Sale

Of K.B.W. GLOBAL CORP., a California corporation

These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by K.B.W. GLOBAL CORP., a California corporation (“KBW”) and its affiliates (KBW and its affiliates together referred to herein as “Seller”) as well as by third party vendors and/or service providers of Seller.  These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions, if any, to which notice of objection is hereby given.  Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions.  Seller’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement.  Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein. 

 

1.      Orders:  All orders placed by Buyer are subject to acceptance by Seller, and subject to product availability and prior sales.  Orders may not be canceled or rescheduled without Seller’s written consent.  All orders must identify the products, unit quantities, applicable prices and requested delivery dates of the Products being purchased.  Seller may in its sole discretion allocate Product among its various buyers.

2.      Prices:  The prices of the Products are those prices specified on the front of the invoice.  Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control.  Price may change at any time without prior notice. 

3.      Delivery and Title:  All deliveries will be made “EXWORKS” at the facilities of Seller, and title and risk of loss pass to the Buyer upon delivery of the Product to the carrier, regardless of shipment address or other similar information stated on the invoice or other shipping documents.  Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller.  A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries

4.      Taxes:  Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes.  Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon.  When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

5.      Payment:  Payment may be made by money order or wire transfer, and all fees related to such payment are borne by the Buyer.  Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction. On any past due invoice, Seller may impose a late charge of one and a half percent [1.5%] per month; the parties agree that this late charge is not a penalty, and is reasonable to cover the handling and extra costs as a result of the late payment.  If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. On all sales intended to be shipped overseas, there shall be no trade credit given, and payment must be received before delivery.  In the event of default by Buyer such as failure to make payment when due, Seller shall be entitled to recover costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collection expenses.

6.      Acceptance / Returns:  Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer unless rejected upon receipt. Buyer shall perform all inspections and tests Buyer deems necessary as promptly as possible but in no event later than 7 days after delivery of product, at which time Buyer will be deemed to have irrevocably accepted the Products.  Any discrepancy in shipment quantity must be reported within 7 days after delivery.  Buyer may not return Products without a return material authorization (“RMA”) number. RMA valid for 30day from date issued.  Any product returned by Buyer due to Buyer’s error may be subject to a restocking charge equivalent to 100% of the value of such Product as specified in Seller’s invoice to Buyer. 

7.      Intellectual Property:  Except as governed by a separate written agreement executed by both parties, all Intellectual Property, including but not limited to trademarks, trade names, copyrightable works, and formulation or blends used by Seller on or for the Products are the exclusive property of Seller or its suppler(s), and Buyer agrees not to use such Intellectual Property except to the extent necessary to sell the Products supplied by Seller, and Buyer agrees not to claim rights in, and agrees not to register or attempt to register, anywhere in the world, any of the Intellectual Property of Seller or its suppliers.  Buyer expressly agrees that it will not adopt of use any of Seller's trade identities (trademarks, trade names, or other insignias that identifies or suggests association with Seller) in or as part of the trade name, trademarks, domain names, and other trade identities of Buyer.  On all Products produced or procured by Seller to Buyer’s specifications or designs, Buyer expressly agrees to hold Seller harmless and indemnify Seller on any and all intellectual property claims, including that of Buyer and of third parties. 

8.      Limited Warranty:  Seller warrants to Buyer that Products purchased hereunder, at the time of delivery, are in compliance with the applicable U.S. laws and regulations governing the safety of the Products; Seller makes no representation and provides no warranty on the Products with respect to any non-U.S. laws or regulations.  If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Products (without interest), or (2) replacement of such Products; a condition for availability of such remedy is that such Products must be returned to Seller, along with acceptable evidence of purchase, within 60 days from date of delivery, transportation charges prepaid.  Except as specifically stated otherwise, in general the duration of the warranty on Seller's Products is ONE YEAR.  No warranty will apply if the Product has been subject to misuse, faulty storage or shipping, neglect, accident or adulteration, such as by use of components other than that supplied by Seller.

SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.  IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.  SELLER EXPRESSLY DISCLAIMS ALL WARRANTY THAT THE PRODUCTS ARE IN COMPLIANCE WITH ANY NON-U.S. BASED LAWS OR REGULATIONS, OR THAT THE PRODUCTS ARE SUITABLE OR FIT FOR ANY PARTICULAR PURPOSE UNDER SUCH NON-U.S. LAWS AND REGULATIONS.

9.      Limitation of Liabilities:  BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.  BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.  BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OR ADULTERATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.

10.  Exports:  Buyer certifies that it will be the recipient of the Products to be delivered by Seller.  Buyer is solely responsible for compliance with any export law and regulations of the United States of America, and with the laws and regulations of the destination (import) country.

11.  Force Majeure:  Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance.  In an event of force majeure, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty.  Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

12.  General

(a)         This Agreement, any and all Orders, and any and all disputes arising thereunder or relating thereto, whether sounding in contract or tort, shall be governed by and construed in accordance with the laws of the State of California without regard to the internal law of California regarding conflicts of law. Any legal action brought by Buyer with respect to this Agreement or any Orders shall be filed in the above referenced jurisdiction within two (2) years after the cause of action arises or it shall be deemed forever waived. This Agreement shall be executed in the English language. In the event of any conflict between this Agreement as written in the English language and any translation, this Agreement written in English shall control. The parties acknowledge that they have read and understand this clause and agree willingly to its terms and conditions.

 

(b)         Buyer may not assign this Agreement without the prior written consent of Seller.  Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns.

 

(c)         At the option of Seller, no finding that a part of this Agreement is invalid or unenforceable shall affect the validity of any other part hereof. Seller's failure to enforce at any time any provision of this Agreement will not be construed as a waiver of such provision or of any rights thereafter to enforce such provision. Any waiver by Seller of any of the terms and conditions of this Agreement or any Order must be in writing signed by an authorized representative of Seller.

 

(d)         This Agreement shall apply to all business dealings between Seller and Buyer, including all prior dealings and transactions.  It shall subsist until terminated by written notice by either party with six (6) month prior written notice.      

 

(e)         The provisions of this Agreement which by their nature are intended to survive termination of this Agreement (including but not limited to representations, warranties, disclaimers, indemnifications, payment of obligations, remedies, forum selection and statute of limitations) shall survive its termination.

 

(f)          The parties hereto agree that this Agreement and any Order constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement. All prior agreements, negotiations, dealings and understandings, whether written (including any electronic record) or oral, regarding the subject matter hereof, are superseded by this Agreement. Any changes to this Agreement shall be in writing and executed by both parties. Furthermore, if there is a conflict of terms between this Agreement and an Order, this Agreement shall be the controlling document.



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