TABLE OF CONTENTS
- Business and service
- Age restrictions
- Ordering process
- Product descriptions
- Product prices
- Import tax and duties
- Accuracy of billing and account information
- Order cancelation
- Returns and exchange
- Account termination
- User feedback and content submissions
- Copyright infringement
- Customer conduct
- Third party websites
- Disclaimer of warranties; limitation of liability
Please read carefully the following provisions of these Terms of Service or “TOS”. This is a legal agreement between “you”, or “your” or “user”, or “customer” personally, and Kshelf.com or “Kshelf”, or “GRAND TRADE, SIA”, or “Company”, or “website”, or “we”, or “us”. This TOS governs your use of all Kshelf products and services. We reserve the right to modify or amend this Agreement at any time. The “Last Modification Date” of this TOS is October 22, 2018.
BY ACCESSING OR USING ANY PART OF THE SERVICES AND/OR TO CONTINUE BROWSE AND USE THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE FA SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE.
Your purchase of any Kshelf products serves as your acknowledgment and representation that you have read and understood these TOS and that you agree to be bound by such TOS. You understand and agree to ACCEPT this TOS is, legally, the same as manually signing this Agreement.
2. BUSINESS AND SERVICE
Kshelf offers products for sale on kshelf.com and its e-commerce business services are available exclusively to its end users, i.e. Customers.
Customer shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a customer, please do not buy any products on kshelf.com.
Kshelf provides products from merchants who comply with Kshelf’s policies to offer and sell certain goods. Kshelf is not directly involved in the transaction between buyers and merchants and any rights that you may have in respect of any item are therefore only against the merchant from whom you purchase it and not against Kshelf. Kshelf acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them.
Kshelf reserves the right not to process orders received from users who are not Customers and any other order which does not comply with Kshelf’s terms and inner policy.
3. AGE RESTRICTIONS
4. ORDERING PROCESS
In order to place an order for the purchase of one or more products on kshelf.com, you must fill in the online order form and send it electronically to Kshelf, following the relevant instructions.
Before purchasing the products, you will be asked on the order form to carefully read the Terms and Conditions of Sale. Our order form, which appears immediately prior to the conclusion of the purchase contract, provides you with brief information regarding the essential features of each product ordered, the price (excluding all applicable taxes or fees) and the shipping costs. An order shall be deemed submitted when Kshelf receives your order form electronically and the order’s information has been verified as correct.
When transmitting the order form, you will be advised that forwarding the order constitutes an obligation to pay the price indicated. The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order in the Customer Care area.
Before submitting the order form, you will be asked to identify and correct possible input errors. The submission of orders to Kshelf must be in English.
After your order form has been submitted, Kshelf will process your order.
Kshelf may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that Kshelf has not carried out your purchase order specifying the reasons thereof.
Upon submission of an order form, Kshelf shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on price, terms of payment and shipping costs).
5. PRODUCT DESCRIPTIONS
While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on Kshelf that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If a key product specification is changed after you place an order or within seven days of delivery, you can cancel and return the order for a full refund.
6. PRODUCT PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7. IMPORT TAX AND DUTIES
The prices do not include import tax and duties, should your package become examined and deemed taxable by your local customs. Payment of these is the responsibility of the buyer. In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering via the Website you are importer of goods and must fully comply with all laws and regulations of the destination country.
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
In case of payment by Credit Card or Debit Card, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to 2Checkout, PayPal or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by Kshelf except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10. ORDER CANCELATION
If less than 8 hours have passed since you purchased the product, you can cancel the order and get a full refund. Usually, customers can cancel their order at anytime prior to shipping; please contact our Support Center. However, once the order has been dispatched, the order cannot be canceled, changed, or refunded. Upon receipt of the package, our
- Returns and Exchange policy
comes into effect.
All orders made on the kshelf.com website are dispatched from the Hong Kong, China, Russian Federation, UK or Germany warehouses. We ship to over 200 countries and regions.
We aim to get all orders out on the same day; however, due to volumes this is not always possible.
Tracking numbers, if applicable, are included in dispatch confirmation emails.
We have 3 different shipping methods: FREE, Standard and Priority shipping. In addition, the standard shipping can reach the majority of countries, while the priority shipping can reach most of the main countries.
FREE Shipping is available for most of our products but there may be some restrictions on certain products. For more details check the product page before Checkout. Tracking number not applicable for almost all FREE Shipping countries.
Orders shipped using FREE or Standard Shipping may take up to 20 – 50 business days for delivery; tracking is limited. Please note that orders shipped via FREE Shipping cannot be rerouted after shipment.
Priority shipping almost always offers tracking and packages normally arrive within about 15 – 35 business days after shipment from warehouse.
Shipping price depends on the weight of the product, the origin, the destination, the shipping method and warehouses, and other considerations.
Detailed pricing information is visible when placing an order.
Shipping and delivery times are calculated in working days from Monday to Friday. In the case of major holidays such as Christmas and the Chinese Lunar New Year, please allow extra delivery time. During those special occasions we will provide notices to reflect possible delays.
Choose the shipping method on Checkout, to obtain an accurate shipping cost.
Some products come from different suppliers so if you’ve ordered a few different products, they might arrive in different packages. Multiple orders placed on the same day cannot be combined and may ship separately.
Kshelf cannot split up an order and ship to multiple locations. If you wish to send items to different locations, you will need to place a separate order for each shipping address. Customers are responsible for providing complete and accurate shipping addresses. Kshelf cannot make changes to your shipping address once a package has been shipped, and Kshelf is not liable for packages lost due to incomplete or inaccurate addresses.
The products will be delivered to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
We are not able to:
- ship to APO/FPO addresses, also we are no longer shipping to China, Philippines, South Sudan, Yemen, Brasil, and Syria;
- to mark orders as “gifts”.
Kshelf does not estimate any fees, taxes or duties which may be payable in your country. Please refer to the applicable law in your jurisdiction.
Kshelf cannot be held responsible for any package that does not make it through the local customs and is destroyed due to the item being illegal in the destination country. Customers are solely responsible for complying with their local laws.
All orders reported as “delivered” by shipping companies are considered delivered. Kshelf cannot be made liable of non-delivery in this case.
Any order that do not have shipping insurance will not be the responsibility of Kshelf and the customer takes full liability for their package during the shipping process.
12. RETURNS AND EXCHANGE
In accordance with consumer protection legislation, you may exercise your right to return purchased products without incurring any penalty and without the need to provide any reason, by informing Kshelf within 14 days from the date on which you received them from kshelf.com.
You will be entitled to a full refund if:
- the quality of the product you’ve received is significantly worse (the item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) than the description on the Kshelf website;
- you have changed your mind on the purchase within 14 days of receiving your product and you have not used the product or done anything to it that makes it no longer saleable as new. Please note that you must return each item in the same condition in which you received it. This means that new items must be returned new, unused and complete. Used items must not have any additional signs of use or damage.
Requirements for Returns:
- You must first contact us and be in receipt of a return merchandise authorization number before sending any item back. Any product returned without a merchandise authorization number will not be refunded;
- Must include a valid original purchase order number from Kshelf.com;
- Returned products must be in their original packaging, all the original boxes must be intact and included, along with all packaging materials, manuals, blank warranty cards, plus all accessories and documents provided by the manufacturer;
- Return shipping is at buyer’s cost unless stated otherwise by our support team;
- Customer will be given a Product Refund—shipping and handling fees will NOT be refunded;
- All returns should be made on the following address:
Grand Trade, SIA
Gramzdas st. 19 k-2 – 12,
We suggest adding a tracking number/delivery confirmation on returned packages to ensure your return is received. Kshelf is not liable for lost or stolen return packages during transit/delivery.
To receive a refund for Bundle purchases, you must return all items within the bundle. Whatever discounted bundled items are not returned, will convert into a full price purchase and the order will be refunded accordingly.
Refunded monies are transferred only to the card or payment method you’ve used to make your purchase.
Kshelf is not responsible for and has no knowledge about any bank fees or exchange rate charges that may occur. These fees are processed by the issuing bank and will not be refunded by Kshelf.
We aim to complete the refund process for valid claims within less than 14 days. Returns will take approximately 5 working days for the process once the goods have arrived. The precise length depends on the payment provider used (e.g. PayPal, credit card company, etc).
All Sale, Discounted, End of line and Promotional Items are not eligible for Returns, Exchanges, or Warranties. No refunds or replacements will be made.
The following products cannot be returned the unless received defective:
- Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
- Goods made to your specifications or clearly personalized, especially personalized, customized and hand-made items;
- Goods which may deteriorate or expire rapidly;
- A service, if the supplier has fully performed it and you accepted when you placed your order that the supplier could start to deliver it, and that you could not cancel it once delivery had started;
- Goods damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.) and/or by misuse or activities other than the intended purpose are also not returnable;
- Wholesale orders.
14. ACCOUNT TERMINATION
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
If 1 year has passed since your last purchase or you haven’t logged in for 1 year, your account becomes Inactive. All Inactive and expired customer accounts are permanently deleted, including purchase history and personal data, from Company’s database on the next day after the expiration. In some cases, you can be notified by email about subscription termination. To continue using the service in the future you will need to register an account (sign up) once again according to TOS of the website.
All materials on kshelf.com website, including but not limited to audio, images, software, text, and video clips, are protected by copyright under copyright law and international conventions.
In accessing or using the website and materials, you may not:
- Distribute, copy, reproduce, exchange, translate, modify, reprint, sell, share, transmit disseminate, or distribute any content, products, services, or materials available through your paid subscription or service;
- Translate, copy, reprint, share and publish any part of the Website and Materials without our prior written authorization;
- Restrict or inhibit any other visitor from using the website and materials, including, without limitation, by means of “hacking” or defacing any portion of the websites;
- Express or imply that any statements you make are endorsed by us, without our prior express written consent;
- Use website materials for any unlawful purpose.
You shall not use the materials, except as specified herein. You agree to follow the instructions on kshelf.com, limiting the use of the materials. Any unauthorized use of the materials on kshelf.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
16. USER FEEDBACK AND CONTENT SUBMISSIONS
If, at our request, you send certain specific submissions (such as contest entries, comments, feedback, reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments;
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17. COPYRIGHT INFRINGEMENT
Since we respect artist and content owner rights, it is Kshelf’s policy to consider notices of alleged infringements.
If you reasonably believe that any Material on the kshelf.com website contains unauthorized reproductions of your copyrighted work you must promptly provide in writing the following information:
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the specific URL of the content or other information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, surname, address, telephone number, and e-mail address;
- Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- Include the following statement: “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
- Send the written communication via email
Please note that you may be liable for damages, including costs and attorney’s fees, under the International Copyright Law if you knowingly materially misrepresent that material on the website infringes upon your copyright.
18. CUSTOMER CONDUCT
Although Kshelf will always strive to resolve issues to the satisfaction of the customer in a professional, courteous and friendly fashion, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service staff or Kshelf may, for example, include any of the following:
- Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
- Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
- Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, timelines, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures.
- Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
- Excessive number of complaints compared to the total purchase value history.
For such behavior, complainants may be advised and formally notified of the following:
- Their language is considered offensive, abusive, threatening, and wholly unacceptable;
- They must refrain from using such language, intimidation, and threats;
- There will be no further exchange of correspondence on the matter if they persist with this behavior.
Kshelf reserves the right to no longer accept orders from the customer in the future without further notice.
19. THIRD PARTY WEBSITES
Website, materials and newsletter may provide hyperlinks to third party websites or access to third party content. Kshelf does not control, endorse, or guarantee content found in such sites. You agree that Kshelf is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Company, shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kshelf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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