TERMS AND CONDITIONS
INTRODUCTION
This website - www.kmgells.com (the Site) is managed by KMGELLS (The Company). Throughout these Terms and Conditions, "we," "us," and "our" refers to KMGELLS. We provide this Site, including the Service, information, and tools to you (the User), subject to your approval and acceptance of these Terms and Conditions, notices, and policies stated herein.
By accessing our Site, using our Services, and/or purchasing a product from us, these represent your engagement with us, and as a result, you consent to be bound by these Terms and Conditions, including every other term, condition, notice, and policy referenced herein and/or available through a link or hyperlink. The Terms and Conditions defined herein apply to all Users of the Site, including without limitations to Users who are casual visitors, customers, vendors, merchants, and content contributors
Kindly read these Terms and Conditions carefully before visiting or using our Site. By visiting or using any section of the Site or our Service, you consent to be bound by these Terms and Conditions. If you do not consent to any section of the Terms and Conditions. then you are not allowed to visit, access, or use the Site and the Service. If these Terms and Conditions are considered as an offer, acceptance is exclusively limited to these Terms and Conditions.
COPYRIGHT
All Information on this website, not only, but images, text, sound, and content also may not be used for any commercial purposes without written approval from KMGELLS. Therefore, no material should be transferred, distributed, stored, or copied without prior written consent from KMGELLS. All brands, company logos, trademarks, and logos used on this website are exclusive properties of KMGELLS
MODIFICATIONS TO PRODUCTS PRICES
Prices for our products are subject to review without any prior notice. We retain the right at any time to modify or terminate the Service (or any section or content therein) without giving any prior notice at any time
We shall not be accountable to you or any third party for any price review, modifications, termination, or discontinuance of the Service.
Links TO THIRD PARTY WEBSITES
Some products, content, and services are available through our Site and the Service may include third-party content.
Third-party links included on the Site may relay you to a third-party website that is not affiliated with us. We are not accountable for evaluating or probing the content for correctness. and accuracy. We do not warrant, and we will accept no liability for any content, services, or products provided by the third party through the third-party website
We are not responsible for any damages or harm that may occur in connection with the purchase and use of products. use of resources, services, or content and any other transaction made when you access or use the third-party websites or provisions.
You are admonished in your interest to carefully review the third-party terms, conditions, practices, and policies, and make sure that you understand and agree with them before you engage in any deal with the third party.
Claims, disputes, complaints, concerns, inquiries, or questions about the third party should be forwarded to the respective third party.
ERRORS, OMISSIONS, AND INACCURACIES
Periodically, there may be information on our Site or in our Service that may contain typographical errors, omissions, and inaccuracies that may be connected to product descriptions, offers, promotions, pricing, shipping information, tracking details, and product availability. We retain the right to correct any errors, omissions, and inaccuracies, and to update or change the information or cancel orders if any information in the Service or on the Site is incorrect at any time without any prior notice (even after you have submitted and placed your order
We are under no obligation to correct, amend or clarify information in the Service or on the Site, including without limitation, pricing information, unless we are mandated by law. We do not specify an update or refresh date in the Service or on the Site where all errors are. Missions and inaccuracies will be corrected.
PROHIBITED USES
Sequel to other prohibitions as defined in these Terms and Conditions, you are at this moment prohibited from using the Site, the Services, or the content.
1. for any illegal purpose;
2. to mandate others to participate in or carry out any unlawful act;
to breach any international, federal, regional, or state laws rules and local statutes;
1. to monitor or collect the Personal Information of other users;
2. to phish, spam, pharm, pretext, crawl, spider, or scrape;
3. for any immoral or obscene purpose; or
to breach or circumvent the security setup provided to ensure the safety of the Site and the Service.
We retain the right to cancel your access and use of the Service or the Site for breaching any of the above-prohibited uses.
LIMITATION OF LIABILITY AND DISCLAIMERS OF WARRANTIES
You explicitly consent that your use of or inability to use the items is at your sole risk.
Under no circumstance shall KMGELLS, our subsidiaries, directors, agents, officers, employees, interns, contractors, suppliers, licensors, or relevant service providers be responsible for any loss, injury, claim, or any direct, indirect, incidental, punitive, special or consequential damages of whatsoever nature, including without limitation, loss of revenue, loss of profits, loss of savings, loss of data, replacement fee, or any applicable damages, whether based on contract or tort (negligence inclusive), strict liability or otherwise, arising as a result of your use of any of the Service or products offered through the Site, or for any claim related to your use of the Service or products, including but not limited to, any omissions or errors in content, any damage or loss of any kind which you incur as a result of your use of the Service or products offered or made available via the Service, even if advised of their likely occurrence. Because some jurisdictions or states do not permit the exclusion or the limitation of liability for incidental or consequential damages, in such jurisdictions or states, our liability shall be limited to the maximum extent permitted by the law. We reserve the right to use refurbished parts and items in the provision of your remedy to a warranty claim after 30 days from the date of delivery or purchase if in-store.
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INDEMNIFICATION
You consent to indemnify, defend and hold KMGELLS, our subsidiaries, partners, directors, agents, licensors, relevant service providers, contractors, interns, suppliers, and employees, harmless from any demand or claim, including reasonable attorney's fees, made by any third party as a result of your violation of these Terms and Conditions or the incorporated documents, or your breach of any law or the rights of a third party
TERMS
By purchasing from our website, you accept that KMGELLS is in no way shape, or form a firearms dealer and is only a toy and hobby shop, cannot, therefore, check for and also see the validity of licenses/permits. You agree that you have read our gel blaster descriptions on the website and frequently asked questions page about the product you are purchasing. You take full responsibility and liability for your purchase from the kmgells.com website and acknowledge your full personal compliance with your State or territory's law. You acknowledge that our products are strictly toys in the state of QLD, however, this evaluation may vary from state to state and territory. You acknowledge that if there is a requirement for a special license/permit in your state or territory, you have applied for and been approved for said license/permit. You are acknowledging that; you understand the local laws in your area regarding toy gel blasters and that you may need a license/permit depending on your state or territory. You acknowledge that you have taken all necessary steps to ensure you're compliant with local legislation before purchasing from our website. By purchasing from our website, you acknowledge that kmgells.com will bare no responsibility for your compliance with state and territory regulations.
AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
MODIFICATIONS TO THE TERMS AND CONDITIONS
You can view and read the latest version of these Terms and Conditions at any time, via this page. We retain the exclusive right, at our discretion to change, update, replace, or change any section of these Terms and Conditions by publishing the changes and updates to our Site. It is your sole responsibility to Site for such changes frequently. Your further access and use of the Site following the posting of changes or modifications to these Terms and Conditions shall be taken to mean your approval and acceptance of those changes
WARRANTIES
All gel blasters have their warranty lengths outlined on their product pages. Lengths are sectioned into three categories, those being "Entry Range", "Mid Range" and "Premium Range." The warranty lengths small blasters provide in each category are as follows:
- Entry Range - 30 days
- Mid Range - 3 months
- Premium Range - 6 months
All parts and accessories (internal modification/upgrade parts, batteries, tactical gear, etc), come with a 30 Day warranty unless expressed otherwise in the product listing
SALES
REFUND POLICY
Please shop to own as we do not accept change-of-mind refunds. If you have received the goods and it is faulty. we will repair or replace the item if it is covered under warranty.
Goods will be remedied using repair or replacement within 30 days of receipt. Refunds and store credits for major manufacturing faults will be provided if we cannot provide a remedy within the 30-day timeline, which will not be subject to any fees
All refund and store credit decisions will be assessed and require approval by KMGELLS. We reserve the right to refuse or grant a refund if you do not comply or are within the guidelines of our refund policy.
RETURNS/REFUND POLICY
Returns and refunds will be carried out by Australian Consumer Law as determined by information from the ACCC (https://www.accc.gov.au/consumers).
RETURNS
To be eligible for a return, your item must be returned with all accessories that came with the product and please return your item in the original packaging.
Returned items that have been assessed to have a minor manufacturing fault will be repaired or replaced at our discretion and will not be subject to any fees.
Products which have been assessed to have a major manufacturing fault may be eligible for a refund and will be subject to the assessment and approval of KMGELLS.
To aid us in diagnosing a fault or assisting you with the issue, we may request video evidence of the claimed fault before we initiate the returns process
Any products returned which are claimed to be faulty but are assessed as fully functional will incur a re-dispatch fee to cover return postage.
Any blaster which has been physically damaged due to user error, neglect, or accidental damage, is internally and externally modified/upgraded/altered, the receiver or gearbox has been opened or is used in a way not by the manufacturer's intended use will void the item's eligibility for a return and warranty claim.
REFUNDS/STORE CREDITS (WHEN APPLICABLE)
Please shop to own as we do not accept change-of-mind refunds.
All refund and store credit decisions will be assessed and require approval by smells. We reserve the right to refuse a refund if you do not comply or are not within the guidelines of our Return/Refund Policy. Refunds and Store Credits will not be issued until the goods are received by us, and have been assessed with a valid fault.
If your return is approved, we will initiate a refund to your original method of payment. You will receive the credit within a certain amount of days, depending on your card issuer's policies.
SHIPPING
We offer same-day dispatch for orders placed before 2 pm EST between Monday and Friday, once confirmation of payment is successful and is not flagged for any risk by our merchant. Please be aware, same-day dispatch does NOT mean same-day delivery. Furthermore, orders were placed after 2 pm on Friday, and orders were placed on Saturday. Sunday or public holidays will be processed on the first or second available business day.
If we do not have all of your selected products in stock or if there is an issue with billing/shipping information or requires verification, we will attempt to contact you via phone or email. However, we advise you to carefully check the contact and shipping details you enter as your order will be placed on hold and shipping will be delayed until we can get in contact with you. Alternatively, after such time, we will refund the out-of-stock item and dispatch the remaining order.
If you order during sale days or shortly after a sale, we will endeavor to get as many orders shipped out on the same day. However, due to the sheer volume of orders received, this is not guaranteed.
Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
. Objectionable content, including profanity. obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age:
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
•Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act (HITEC" Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: If there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relying on federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Darra, Queensland before one arbitrator.
The parties agree to submit the dispute to binding arbitration by the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect.
Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which smells principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement by the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply instead of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages concerning any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Updated: 16 April 2023