TERMS & CONDITIONS
Last Updated: 09/01/2018
Please read these Terms of Sale (“Terms of Sale”) carefully prior to making an online purchase from Kingdom Beads (“KINGDOM BEADS,” “we,” “us” or “our”) through our website, WWW.KINGDOMBEADS.COM (the “site”). By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – AVAILABLITY AND PRICING
All items offered for sale through the site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in CAD dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.
In the event that an item you are interested in purchasing is not listed on the site or is listed as “Contact Us” on the site, it may not be available for ordering from our online inventory. Please contact our customer care team at: 1-647-948-9844 (in Canada), 1-917-999-5413 (in US) or email us at CUSTOMERCARE@KINGDOMBEADS.COM. If the item is not available, it is not currently available for ordering. Please check back at a later time as our inventory is subject to change.
SECTION 4 – TAXES
You are responsible for any sales, use, duty, or other governmental taxes or fees (“taxes”) due with respect to your purchase of items through the site. We will collect applicable taxes if we determine we have a duty to collect such taxes. We will present an estimate of taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.
SECTION 5 – PAYMENTS
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the site, you may do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, taxes and other applicable charges associated with the items that are included in the shipment.
SECTION 6 – SHIPPING AND HANDLING
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
If you have any questions regarding shipping, please contact us by filling out the form on our CONTACT US page. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFORMATION.
SECTION 7 – RETURNS, EXCHANGES AND REFUNDS
At Kingdom Beads, we want you to be completely happy with the items you order/purchase from us. If for any reason you are not satisfied with an item you purchase through the site, you may return such item (accompanied by your sales receipt) within 14 days of the date on which the item was delivered to you and elect to: (i) exchange the item for another item available for purchase through the site, or (ii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the site.
To return an item you purchased through the site, please complete the return section of the original packing slip enclosed with your order and indicate the reason(s) for the return and whether you wish to exchange the item or receive a merchandise credit in the amount you paid for the item pursuant to these Terms of Sale. You must enclose the completed return section of the original packing slip in the package you send to us with the item you are returning. You may ship your return to us using the complimentary return shipping label provided with your order, which will ensure that your return is mailed to the proper return address. If you decline to use the complimentary return shipping label provided with your order, please ship your return, prepaid and insured, to us at: KINGDOM BEADS, PO BOX 99900 FM 390602, RPO DUFFERIN, Toronto, ON M6A0A5. Please allow 2-3 weeks for the processing of your return.
All items returned to us for exchanger or merchandise credit must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.
SECTION 8 – PRICE ADJUSTMENTS
If the price of an item you purchase through the site is reduced due to such item becoming a permanent sale item within 10 days of the date on which you purchased the item, you may contact us to receive a one-time (a single order) refund or price adjustment for the item purchased. Such refund or price adjustment applies only to items that become permanent sale items and does exclude temporary special promotion items. For questions regarding price adjustments or to submit a request for a price adjustment, please contact us at 1-647-948-9844 (in Canada), 1-917-999-5413 (in US) or email us at CUSTOMERCARE@KINGDOMBEADS.COM.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
We attempt to be as accurate as possible and to eliminate errors, inaccuracies or omissions on the site; however, we do not represent or warrant that the descriptions, pricing or other information on the site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
- If the correct price of an item you purchase through the site is lower than our stated price, we will charge you the lower amount when your order is shipped.
- If the correct price of an item you purchase through the site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 5 days, we will cancel your order and notify you of such cancellation.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – DISCLAIMERS; LIMITATION OF LIABILITY
Your use of items purchased through the site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
You understand and agree that, to the fullest extent permitted by applicable law, Kingdom Beads and its officers, directors, agents, partners and employees (individually and collectively, the “Kingdom Beads Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Kingdom Beads or another Kingdom Beads Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Kingdom Beads Parties’ total liability in connection with the items purchased through the site and these Terms of Sale will not exceed the amount you actually paid to Kingdom Beads for such items purchased.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the site or for the gross negligence, fraud or intentional misconduct of any Kingdom Beads Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kingdom Beads and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13- DISPUTE RESOLUTION; BINDING ARBITRATION
INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN TORONTO, ONTARIO.
ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE CANADIAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A COURT WOULD.
THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.
YOU AND KINGDOM BEADS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
SECTION 14 – GOVERNING LAW
These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and provincial courts located in Toronto, Ontario with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is deemed to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 – QUESTIONS
If you have any questions regarding these Terms of Sale, please contact us by filling out the form on our CONTACT US page.