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TERMS & CONDITIONS

 

1.       Use of the website, operated by KBG co., Ltd., and their affiliates (collectively, “KAISER,” “we,” “us,” “our”) with home pages located at https://www.thekaiserstore.com, any related apps that KAISER may provide, together with all products and services KAISER may offer from time to time via KAISER’s website and/or related apps, KAISER’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with KAISER (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein (“Terms and Conditions”). 

2.       By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give KAISER rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18. 

3.       KAISER reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences. 

4.       THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.

5.       KAISER reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.

6.       We exercise utmost care with any personal information we receive via the Services. If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. KAISER reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.

7.       KAISER endeavors to be accurate when describing and displaying products on the Services. However, KAISER does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. KAISER reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 

8.       The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in multiple currencies. Prices and availability information are subject to change without notice. Prices do not include delivery costs and your local import duties, where applicable, which you agree to pay upon ordering or receiving your order delivery.

9.       All orders placed by you are subject to acceptance by KAISER and all items are subject to availability. Acknowledgement of your order means that KAISER has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. KAISER may in its discretion require additional verification or information before accepting any order. 

10.    KAISER reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse. 

11.    KAISER will verify the availability and price of an item before it is shipped. If an item's correct price is lower than the stated price, KAISER will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if KAISER determines that there were inaccuracies in the product information, KAISER may cancel your order and notify you of such cancellation via email. 

12.    All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon KAISER’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments. 

13.    For Shipping and Returns/Exchanges Shipping, please refer to instructions here. Once an order is placed it cannot be canceled. Once the order is received, you can send the item back by following the instructions here.

14.    if your package does not arrive, please contact customerservice@KAISER.com to initiate a UPS Claim. 

15.    For Return/Exchange Policy, please refer to here.

16.    Any KAISER product that is delivered defective may be sent back to our store for a full refund or replacement if the product is available. For any factory flaws (i.e. broken strap, torn heel tab or loose stitching after a few wears) please contact the manufacturer directly to open a damaged product claim. KAISER does not accept any worn or damaged products as returns. For returns, customers will be granted an online gift card equal to the amount paid for the item(s) returned, minus an $8 shipping fee. Original shipping cost will not be reimbursed. A shipping label will be generated upon request of a return or exchange. The online store credit is not transferable to our brick and mortar KAISER locations.

17.    THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, KAISER CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND KAISER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

18.    TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KAISER, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF KAISER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL KAISER, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES. 

19.    TO THE EXTENT PERMITTED BY APPLICABLE LAW, KAISER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF KAISER’S PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

20.    To the extent permitted by applicable law, you agree to indemnify and hold KAISER, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to KAISER; or (d) your violation of any rights of any third party.

21.    The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by KAISER. KAISER has no responsibility for the content thereof, regardless of whether the link is provided by KAISER or a third party, and KAISER shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.

22.    The display of any link shall not and does not constitute or imply endorsement by KAISER or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding KAISER or its partners. 

23.    You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to KAISER for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle KAISER to immediate injunctive and other equitable relief without any requirement to post bond. 

24.    These Terms and Conditions are governed and interpreted pursuant to the laws of the Taiwan, Republic of China, notwithstanding any principles of conflicts of law. KAISER makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to KAISER, you agree to file such action only in Taiwan, Republic of China and waive any objection you may have to the venue or forum. 

25.    Neither you nor KAISER will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. 

26.    If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. 

27.    You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of KAISER to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and KAISER with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and KAISER with respect to such subject matter.

28.    KAISER reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. KAISER also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. KAISER shall in no way be held liable for any consequence which results from KAISER’s decision to modify or discontinue providing the Services or any content or functionality thereof.

29.    KAISER expressly reserves the right to monitor any and all use of the Services. KAISER also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. KAISER’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of KAISER’s legal rights.

30.    These Terms and Conditions constitute the entire agreement between you and KAISER with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.