Terms and Conditions:
Legal Agreement
Kertalis e-commerce site for the sale of Kertalis® at www.kertalis.com (our “Site”). These terms and conditions apply to all individuals, companies and organizations that register to buy Products on our Site (each such individual, company or organization is referred to in these terms and conditions as “User” or “you”), and constitute a binding, legal agreement (“Agreement”) between User and Kertalis.com If you are ordering Products on behalf of the organization with which you are employed, you represent and warrant that you have full power, authority and legal capacity to enter into this Agreement and bind your employer, company or organization.
By using the Site, you agree to these Terms & Conditions and our Privacy Policy which is incorporated herein by reference. Each time you use the Site, you reaffirm your acceptance of the then-current Terms & Conditions. If you do not wish to be bound by these Terms & Conditions, your only remedy is to discontinue using the Site. Kertalis may change these Terms & Conditions at any time and in its sole discretion. The modified Terms & Conditions will be effective immediately upon posting and you agree to the new posted Terms & Conditions by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms & Conditions, your only remedy is to discontinue using the Site.
User Registration and Information
In some cases, you may be required to register on the Site. If you are required to register, you represent and warrant that you have completed, or that you will promptly complete, all information in the User Registration form provided by Kertalis.com on our Site (“User Information”) correctly and completely. In the event that any of your User Information changes in the future, you agree that you will promptly update your registration information on our Site.
If you register on the site, you will have the opportunity to select a User ID and Password during the User registration process. You are solely responsible in all respects for: (a) all use of our Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access our Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding our Site of which you are aware. Kertralis.com may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for other reasons as determined by Kertalis.com.
Orders
These terms and conditions govern the sale of products (“Products”) by Kertalis.com. on our Site. Kertalis ’s acceptance of all orders and all offers and sales by Kertalis.com. are subject to and expressly conditioned upon User’s assent to the terms and conditions of this Agreement, and User’s acceptance of any offer by Kertalis.com. must be made on such terms and conditions exactly as offered by Kertalis.com. Kertalis.com has priced all of its Products based upon the provisions in this Agreement. All orders must be paid at the time of order. If you have any questions about your order, please contact us at https://kertalis.com/contactus/
Payments
We accept Visa®, MasterCard®, American Express® & Discover® cards. Our credit transactions are processed by Autorizet.net® Payment Gateway.
Returns
Authorization for product returns must be approved by Kertalis.com Service Department. Unopened packages may be returned within two weeks (10 working days) of receipt of Products. Kertalis.com will pay shipping only if the return is a result of an error on its part. Kertalis.com reserves the right to be the sole determinant of error.
Opened Product may only be returned if the product is defective. Customer Service must be notified within 30 days of the defect and approve the return. No Product can be returned after thirty (30) days.
Product Replacement / Refund:
Defective Opened Product
Kertalis.com will replace defective product so long as the defect is reported during the applicable reporting period and verified by the Customer Service team of Kertalis.com If Kertalis.com is unable to replace any such products, Kertalis.com will refund the product purchase price within 7 business days after confirmation of the defect by the Customer Service team of Kertalis.com.
Kertalis.com will have no responsibility for any damages to the Products in the event that the products: (i) are improperly handled by the shipping carrier after delivery to carrier in good order; (ii) are subject to extreme atmospheric conditions by carrier or Customer; (iii) are misused in any manner by carrier or Customer; (iv) are modified in any way, including but not limited to by incorporation into or integration with other products; (v) are not used in accordance with accompanying instructions, industry standards and practices; or (vi) are used for a different purpose than intended.
Unopened Product
Provided that the unopened product is properly reported within the applicable notification period and is approved for return, Kertalis.com will refund the product purchase price within 7 business days minus a 30% restock fee after receipt of the unopened product by the Customer Service team of Kertalis.com. All unopened product must be returned in original condition, with all seals and other components fully intact and all unopened product must be suitable for resale upon receipt by Kertalis.com. If the returned product has been tampered with or opened by customer, no refund will be made to customer.
Product Descriptions
Kertalis.com attempts to be as accurate as possible in its Product descriptions. However, Kertalis.com does not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition.
Shipping
Most orders are shipped via USPS within 3 business days of your order. Please allow 3-10 business days for delivery. We make every attempt to deliver your product as fast as possible, but we cannot guarantee delivery time.
To ensure that you receive your order when you need it, please plan accordingly. During the holidays, please place your order at least one week prior to ensure timely delivery.
Please note that orders are shipped and delivered on business days only excluding weekends and holidays.
We ship domestically. We will also use UPS at your request.
If a tracking # is provided by the shipping carrier, we will update your order with the tracking information. Please note that some orders using 1st Class USPS mail will not have tracking numbers.
The rate charged for the shipping of your order is based on the weight of your products, and your location and is directly provided by the shipping carrier. Before the final checkout page, you will be shown what the cost of shipping will be, and you will have a chance to not place your order if you decide not to.
Delivery Dates
User will be provided with an expected ship date upon order. This date constitutes a good faith estimate and is not binding. Kertalis.com will notify the User in a timely fashion if ordered goods are not available. Kertalis.com is not liable for losses, damages or penalty as a result of any delay in shipping ordered Product.
Risk of Loss
Risk of loss or damage to the Products shall pass to User upon delivery of the Products to the Transportation Company at the Shipping Point. Confiscation or destruction of, or damage to, the Products following delivery to the transportation company at the shipping point shall not in any way affect the liability of User to pay the purchase price. User shall inspect the Products upon receipt and notify the transportation company when there is evidence of shipping damage.
Privacy
Please review our Privacy Policy to learn about how Kertalis.com uses personal information collected on the Site.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You give consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Trademarks
All trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Kertalis.com and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Kertalis ’s trademarks on any other website is strictly prohibited. All of the materials contained on the Site are copyrighted except where explicitly noted otherwise. Kertalis.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Hyperlinks
This Site may contain hyperlinks to third-party websites. Kertalis.com does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Kertalis.com is not responsible or liable for any content or other materials on these third party websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY KERTALIS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KERTALIS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KERTALIS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KERTALIS.COM DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. THEIR SERVERS. OR E-MAIL SENT FROM KERTALIS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KERTALIS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law and Severability
These Terms & Conditions shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms & Conditions and or your use of the Site resides in the courts located in Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
Indemnification
You agree to indemnify, defend, and hold Kertalis.com and each of its agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms & Conditions.
Termination
Kertalis.com has the right to terminate your account and access to the Site for any reason, including, without limitation, if Kertalis.com, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Terms & Conditions. Kertalis.com may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.