We are Therapy Holdings Inc (“we/Company”), a company registered in the USA with EIN 45-0965387 and registered office at 2325 3rd St Suite 204, San Francisco CA 94107 USA. This page describes the legal terms that apply when orders are placed on our website (www.kGoal.com) by “Customer/you”. If you have questions, please contact us at help@kgoal.com.
1. DELIVERY. The delivery cost will be displayed to you on our website prior to you placing your order. For orders shipping to destinations outside the US, the shipping charge when the order is placed covers transportation via the selected method and carrier only; if any customs, duties or other import fees are applicable for the destination territory, those will be applied separately as part of the customs clearance process at the destination territory and are not included in the shipping charge paid as part of the order on our website. Company is not responsible for delays outside our control. If any such delays occur, we will contact you as soon as we can to let you know and we will take all reasonable steps possible to minimize the delay. If no one is available at your address to take delivery and the Product cannot be left at your mailbox, our delivery partner will follow their standard procedure to attempt redelivery or return the product to sender.
2. TERMS OF PAYMENT.
(a) The price of the Product will be displayed on the order page before the order is confirmed. Payment is due at the time the order is placed on the website. Payment may be made using credit card, Paypal or Amazon Pay. In each case, the payment is processed by a third party payment provider unconnected to our Platform (either Paypal or Amazon). You represent and warrant that i) you have the legal right to use any credit card or other payment method you use in connection with the purchase of Product and ii) the information you supply is true, correct and complete. You hereby agree that we are not responsible for any loss or damage arising from submission of false or inaccurate information.
(b) All payments shall be made in U.S. dollars.
3. SALE CONVEYS NO LICENSE. The goods are offered for sale and are sold by Company subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent claim with respect to which Company can grant licenses covering complete equipment, or any assembly, circuit combination, method or process in which any such goods are used as components. Company expressly reserves all its rights under such patent claims. Company supplies Product only for domestic and private use. If you use the Product for any commercial, business or resale purpose, Company will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. LIMITED WARRANTY.
(a) Products or parts that have been subject to abuse, misuse, accident, alteration, neglect, unauthorized repair or installation are not covered by warranty. Company will make the final determination as to the existence and cause of any alleged defect.
(b) Customer may return to Company any Products that do have defects of function or workmanship, provided that (i) it is within 2 years of the original purchase; (ii) Customer obtains a return material authorization (“RMA”) from Company prior to returning the Product; and (iii) the Product is returned within 30 days of the warranty period provided herein. Any Product so returned to Company shall be promptly repaired or replaced, or the purchase price therefor refunded or credited, at Company’s option. This shall be the Customer’s sole and exclusive remedy for any breach of any warranty provided in this Agreement.
(c) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, Company MAKES NO OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. RETURNS. Company will accept the return of (and provide a full refund for) any Product, for any reason, within 90 days or purchase as long as the product packaging has not been unsealed or opened. In this case, the cost of the return shipment is the responsibility of the Customer.
6. LIMITATION OF LIABILITY.
(a) Company will not be liable for any loss, damage or penalty resulting from failure to perform or delay due to causes beyond the reasonable control of Company, including but not limited to supplier delay, force majeure, act of God, labor unrest, flood, fire, explosion, earthquake, or by excess demand for its products. In any such event, the delivery date will be deemed extended for a period equal to the delay.
(b) In no event will Company be liable under any contract, torts, negligence, strict liability or other theory for (a) damages in excess of the purchase price or (b) any special consequential, incidental or indirect damages (including without limitation loss of profit) whether or not Customer has been advised of the possibility of such loss, however caused and on any theory of liability arising out of this agreement. This exclusion includes any liability that may arise out of third-party claims against Customer.
7. EXPORT LAWS AND RESTRICTIONS. Customer agrees to comply with all export laws and restrictions and regulations of the Department of Commerce or other United States or foreign agency or authority, and not to export, or allow the export or reexport of any materials or items deliverable by Company in violation of any such restrictions, laws or regulations, or to Afghanistan, the People’s Republic of China or any Group Q, S, W, Y or Z country specified in the then current Supplement No. 1 to Section 370 of the U.S. Export Administration Regulations (or any successor supplement or regulations).
8. ENTIRE AGREEMENT. The terms and conditions set forth herein constitute the entire agreement between Company and Customer. No addition to, deletion from, or modification of, any of the provisions of this contract shall be binding upon Company unless acknowledged in writing and accepted by an officer of Company. Any change made by Company will be deemed accepted by Customer unless within 10 days from the date Company delivers notice of such change Customer notifies Company in writing of Customer’s objection to such change. This contract may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not made a part of the contract by its express terms. Customer hereby acknowledges that he has not entered into this agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.
9. ASSIGNMENT. This contract shall bind and inure to the benefit of Company’s successors and assigns, including without limitation, any entity into which Company shall merge or consolidate. Customer may not assign any of Customer’s rights or obligations under this contract without Company’s prior written consent. Any attempted assignment, delegation, or transfer by Customer without such consent of Company shall be void.
10. WAIVER. The failure by Company to enforce at any time any of the provisions of this contract or to exercise any election or option provided herein will not in any way be construed as a waiver of such provision.
11. APPLICABLE LAW. This contract will be governed by the laws of the State of California as applied to agreements among California residents entered into and to be performed entirely within California.
12. JURISDICTION AND VENUE. The parties agree that the exclusive jurisdiction and venue of any action with respect to this contract shall be the state courts of Santa Clara County, California (or, if there is federal jurisdiction, the United States District Court for the Northern District of California).
13. ATTORNEYS’ FEES. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement.
