Terms & Conditions
Welcome to www.KILLSPENCER.com! Please take a few minutes to review these Terms and Conditions.
These Terms and Conditions govern your use of the www.KILLSPENCER.com website and our mobile applications. Your use of our site or our mobile application constitutes your agreement to follow these Terms and Conditions and to be strong>und by the following terms and conditions (the “Agreement”).
RIGHT TO UPDATE:
KILLSPENCER®, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our website.
We do not sell or ship any items ordered through this Web site directly to anyone who we know to be under the age of 14, nor do we collect any personal information from anyone who we know to be under the age of 14. If you are under the age of 14, you should use this Web site only with the involvement of a parent or guardian and should not submit any personal information to us. Also, you can only use the site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. Your use of the site means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the site. We may also change our eligibility criteria.
Unless otherwise noted, all materials, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by KILLSPENCER, Inc.. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by KILLSPENCER, Inc.
SITE CONTENTS & USE:
The Contents of the Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from the Site) use by the users of the Site. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with KILLSPENCER, Inc. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Doing so will be considered a direct violation of KILLSPENCER, Inc.’s copyright, trademark and other proprietary rights.
This website and our mobile applications, and all Content available on this website, our mobile applications, or both, are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge, by your use of this website or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that KILLSPENCER, Inc. shall not be liable for any damages of any kind related to your use of this website or our mobile applications. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
PRODUCT, PRICING & OTHER ERRORS:
We have made every effort to display as accurately as possible the colors and features of our products on the site. From time to time there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. KILLSPENCER, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to the original form of payment. Individual bank policies dictate when this amount is credited to your account.
On occasion, we will give our customers special offers we refer to as “promotion code”, “offer code”, discount code”, “code” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or any other promotional activity associated with a product purchase. These offers may be for a limited time only.
You may order products from our site only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes and duties. Certain products and services that you may be able to purchase or download through the site may be subject to additional terms and conditions presented to you during such purchase or download.
By ordering products from the site, you agree to be bound by these Terms as well as all other terms contained within the site, including but not limited to shipping policy, refunds & exchange policy, warranty policy, etc.
The receipt of an order confirmation e-mail does not constitute the acceptance of an order or a confirmation of an offer to sell. KILLSPENCER, Inc. reserves the right to refuse any order you place through the site. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Verification of information may be required prior to the acceptance of any order.
You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes. If, in our sole judgment, an order appears to be placed by dealers, resellers, distributors or any other unauthorized party, we may limit or prohibit that order from being fulfilled.
PRODUCT AVAILABILITY AND COLORS:
While we make every effort to display correct inventory stock levels, product availability on the site is not guaranteed as products may be low in stock or out of stock when an order is completed. Prices displayed on www.KILLSPENCER.com are quoted in USD and are valid and effective only in the U.S.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
SHIPPING AND PROCESSING:
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
Orders placed Monday-Friday will begin processing the next business day, excluding holidays and weekends, and will ship within 1-2 weeks from date of purchase. KILLSPENCER, Inc. customer relations will contact you with a follow-up email if the merchandise you have selected is not currently in stock, if we need additional identification provided for credit verification, or for any other matter regarding your order.
We use UPS and the United State Postal Service as methods of shipping. Rates are calculated through an automated calculator based on the weight, dimensions, and destination of the package. Please allow up to 2 weeks for delivery to arrive. If you still have not received your purchase after 2 weeks, please email us at email@example.com. All California deliveries will incur a 9% sales tax. Please contact firstname.lastname@example.org if you have any questions. Please be advised that once an order has been placed we are unable to make any modifications to the order including cancellations.
If you decide to refuse any shipments from www.KILLSPENCER.com, you are responsible for the original shipping charges to you that are incurred on the package (on both the original and return shipments), along with the cost of returning the package. This amount will be subtracted from your merchandise refund.
TRACKING YOUR ORDER:
You will receive an order confirmation email once your order has been successfully transmitted. In addition, a shipping confirmation email will be sent once your order has been shipped with the tracking number for your package. If you do not receive these automated email, check your spam mail or email email@example.com for the status of your order.
In the event that your unworn regular priced product purchased from our website does not meet your expectations, you may request an exchange or refund. KILLSPENCER, Inc. must be notified of any issues or manufacturing defects regarding your order within 5 days of the date you receive the package for credit to your original payment method, less any shipping charges. All exchanges are dependent on existing stock. Items must be in their original packaging, in as-new condition with both the printed receipt and return form included in the return shipment.
You may return your product(s) for a refund if:
The item is unworn, brand new, and original condition
The item was not purchased on sale or using a discount code or promotion code
The item is returned in its original packaging
Customers are financially responsible for shipping the item back to KILLSPENCER, Inc. for the exchange. Any item(s) purchased at a normal price before the start of a sale may not be exchanged for items at sale price. We will not issue a credit for the difference in price on items purchased before the start of sale.
Please use a shipping service that offers both insurance and tracking to ensure a safe delivery of your package, as KILLSPENCER, Inc. is not responsible for packages lost in transit.
Depending on circumstance, you will either be issued a store credit to be used during your next purchase or credit will be returned in the same form used for the original purchase.
* Please note: We reserve the right to final approval on all returns
You agree to defend, indemnify and hold KILLSPENCER, Inc. harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
CHOICE OF LAW:
The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KILLSPENCER, Inc. as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KILLSPENCER, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KILLSPENCER, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
KILLSPENCER, Inc. reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
Please direct any questions or comments about the site, these terms, or any products you purchased through the site to firstname.lastname@example.org
Effective Date: 08-25-16
KILLSPENCER®, Inc. is committed to respecting your privacy and we recognize your need for appropriate protection and management of contact information you share with us.
We may share your personal information with third parties for their direct marketing purposes, as further described in our Information Disclosure and Your Choices/Your Privacy Rights sections below. If you wish to opt out of such sharing, please contact email@example.com and include your name, email address and postal address in your request.
INFORMATION YOU PROVIDE TO US
We collect information from you when you: (1) purchase products from us on this site; (2) create an account with us, or otherwise sign up for a service or feature; (3) complete a survey; (4) participate in a sweepstakes, contest or other promotion; (5) communicate with us via third-party social media sites; (6) apply for a job with us; or (7) contact us, or communicate with us or provide information. The “personal information” we collect may include your name, address, zip or postal code, email address, telephone number, date of birth, payment information, demographic information, details on items purchased, and other information you choose to provide to us.
We may combine the information we collect online from or about you with the information we collect offline from or about you. We may also combine your (and others’) information that we’ve collected from you (or others) with information we may receive from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Site through a third-party social media platform.
By accessing www.KILLSPENCER.com, you consent to the above collection of your personal information.
SITE USAGE & AUTOMATIC COLLECTION OF INFORMATION
Site usage information includes, but is not limited to: (i) browser type, device type, carrier (if applicable), device address, operating system, operating system address, IP address and the domain name from which you accessed www.KILLSPENCER.com; (ii) information about your region, continent, country, city, zip code, time zone, and general location; and (iii) information about your browsing activities on and through www.KILLSPENCER.com (also known as “click stream” data), such as (a) the date and time you visit the site, (b) the areas or pages of the site that you visit, (c) the amount of time you spend viewing the site or specific areas of the site, (d) the number of times you return to the site or a specific area of the site, (e) the websites or pages you visited prior to visiting the site, (f) the websites or pages you visit after you leave the site; (g) searches you have performed on the site and on other websites that led you to our site; (h) social plug-ins with which you have interacted on our site; and (j) other similar usage data.
COOKIES & TRACKING PIXELS
Occasionally, we may also use tracking pixels (clear GIFs or pixel tags), typically one-pixel clear images that are embedded on a page of the site. These tracking pixels may be in our site or communications such as email messages. This technology helps us verify when a certain page of the site is viewed, when a message or ad is opened, when links are clicked and other content in a message is viewed, and the originating source of a click or view. We use the information collected for similar purposes as the information collected through cookies, as described above.
We use Google Analytics, a third party web analytics services, to help us track and analyze the use of our site and measure effectiveness of advertising, site content and email communications. The tools, including cookies, tags and tracking pixels, help us understand the usage of our site. To opt out of this use by Google, click here.
We maintain safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our website uses Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. While we strive to always protect our systems, site and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers. To the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and will never ask you for your password in any unsolicited communication. We strongly recommend that you do not disclose your Account username or password to anyone for your own protection. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.
Our website is a general audience site. We do not knowingly collect any personal information from children under the age of 14. Users outside of the United States who are below the age of eighteen (18) (or the age of majority in the applicable jurisdiction) should not use the site without authorization from a parent or legal guardian.
LINKS TO THIRD PARTY WEBSITES
Effective Date: 08-25-16
WHAT ARE COOKIES?
A cookie is a small text file stored on your device when you are visiting websites. We use the term "cookies" here for techniques such as cookies, Flash cookies, social media plug-ins, pixel tags and web beacons.
WHAT KIND OF COOKIES ARE USED BY US?
Information collected by the cookies may include e.g. the following type of information (this depends on the cookie in question): device type, unique browser identifier, IP-address, unique cookie identifier, browser type, language, country, operating system, system settings, information about your interaction with our sites such as purchases, indicated preferences and click behavior.
We do not control the functioning of cookies from third-parties. The respective third parties are responsible for such cookies and for their own data processing.
These cookies are essential in order to help you to move around on the website and use basic functions (e.g. shopping basket). These cookies are required to enable core site functionality.
Performance cookies collect information on how visitors use the website in an anonymous and aggregated form. They are used to analyze and improve how the site works.
Functionality cookies allow the site to remember choices made by you (e.g. user name, language or the territorial region) and thus they provide more personal features. They can be used to provide services you have asked e.g. watching a video.
These, typically third party cookies, are used to deliver ads more relevant to you. They will also limit the number of times you see a particular ad as well as they measure the effectiveness of the ad campaigns. They remember your device’s visit in the site and help to understand shopping behaviors and thus to improve our site and provide ads and offers of interest. Further, they enable you to like or recommend us on social media (such as Facebook, Twitter, Instagram, Pinterest) and help you to rate and review our products.
Third parties may share their advertising cookies with several sites and they may enable us and/or third parties to recognize those sites visited. Advertising cookies enable the provision of relevant ads in our and third party sites based on the data obtained from those third-party cookies. Third party advertising cookies and services, used by us, include for example Google Ads, Facebook, Bing Ads, Yahoo! Ads and Instagram Ads.
HOW TO DISABLE COOKIES AT ANY TIME?
You can change your browser settings to delete or prevent certain cookies from being stored on your computer or mobile device. The ‘help’ section in your browser should provide information on how to manage the cookie settings in the browser. However, it should be noted that the blocking of cookies might affect site functionality.
If you want to accept only cookies by us but not the cookies from third parties, you can typically (depending on your browser) select from your browser settings "Block third-party cookies”.
How to disable cookies in different browsers:
If you wish to deny the site from placing cookies on your device (e.g. computer or mobile phone), you may block cookies in your browser settings:
Internet Explorer: https://support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies
Google Chrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies
Adobe (flash cookies): http://www.adobe.com/privacy/policies/flash-player.html
For other browsers, please check the support website for your browser.
Instructions by Google how to opt-out from targeted marketing:
Instructions by Facebook for ads settings:
Find out more about cookies, targeted marketing and how to opt-out:
http://www.aboutads.info/choices or http://www.youronlinechoices.eu/