Terms of service

 

Terms of Service

Welcome to Kenzey ("the Site" or "we," "us," or "our"). This Site is operated by Kenzey Investing, located at 1309 Coffeen Avenue, STE 12789, Sheridan, WY 82801, United States. Your access to and use of this Site and the services offered herein are conditioned upon your acceptance of and compliance with these Terms and Conditions ("Terms of Service" or "Terms"). Please read them carefully before using the Site.

By accessing or using any part of the Site or its services, you agree to be bound by these Terms of Service, including our Privacy Policy, which is incorporated herein by reference. If you disagree with any part of the Terms, then you may not access the Site or use its services.

1. Definitions

  • "Site": Kenzey, operated at www.shopkenzey.com.
  • "User" / "You": Any individual or entity who visits or uses the Site and/or its services.
  • "Products": The goods/services sold or offered for sale on the Site.
  • "Order": A purchase of Products/services through the Site.

2. General

  • These Terms of Service constitute a legally binding agreement between the User and the Site operator.
  • We reserve the right to update and/or modify these Terms of Service at any time, at our sole discretion. Users will be bound by the updated Terms as posted on the Site. Your continued use of the Site following such changes signifies your acceptance of the new Terms.
  • The headings in these Terms are for convenience only and shall shall not affect their interpretation.

3. Use of the Site

  • Use of the Site is permitted for lawful purposes only, and in accordance with these Terms of Service.
  • You represent and warrant that you are of legal age (at least 18 years old) and possess the full legal capacity to enter into this agreement. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian.
  • You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • It is strictly prohibited to perform any actions that may modify, process, interfere with, or adapt any computer code of the Site or any part thereof.

4. Orders and Purchases

  • Placing an Order on the Site constitutes an offer to purchase the Products. The Order will only be confirmed upon receipt of payment authorization from the credit card company or other payment method, and provided the Product is available in stock.
  • We reserve the right to cancel an Order, in whole or in part, for any reason whatsoever, including, but not limited to, a material error in the Product description or price, lack of stock, or unforeseen events ("force majeure"). In such cases, your funds will be fully refunded.
  • Product details, including images, dimensions, colors, and prices, are provided on the specific Product pages. Slight variations or inaccuracies may exist between the actual appearance of the Product and the image displayed on the Site.
  • Prices displayed on the Site include sales tax where applicable, unless otherwise explicitly stated. Prices do not include shipping fees, which will be added to the final price during checkout.

5. Shipping Policy

  • Order Processing Time: After your order is placed, it takes 1-2 business days to be shipped out.
  • Estimated Delivery Time: Once shipped out, it takes within 3-7 business days for your order to arrive. Please note that these are estimated delivery times.
  • Shipping Options: We offer various shipping options, including Standard Shipping and Expedited Shipping. The available options and applicable fees will be displayed at checkout.
  • Shipping Regions: We currently ship to addresses within the United States only.
  • Delivery times are business days and do not include Fridays, Saturdays, federal holidays, and holiday eves.
  • We will not be liable for any delay in the delivery of Products resulting from events beyond our control (force majeure, strikes, shipping company delays, etc.).

6. Cancellation and Return Policy

  • The cancellation and return policy is subject to applicable U.S. federal and state consumer protection laws.
  • If you’re not satisfied with your order for any reason, you can return it for a full refund within 30 days of receiving your order.
  • Eligibility for Return: To be eligible for a return, items must meet the following conditions:
    • The product must be unused.
    • The product must be in perfectly sound condition without any defects.
    • The product must be returned in its original packaging.
    • All tags must be attached to the product.
  • Refund Process: Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within 14 business days.
  • Return Shipping Costs: Unless the return is due to our error or a defective product, the customer is responsible for return shipping costs.
  • Non-Returnable Items: Certain types of items may be non-returnable, including personalized items, digital products, intimate apparel, or items marked as "final sale." Please check product descriptions carefully.

7. Privacy Policy

  • Your use of the Site is subject to our Privacy Policy, which is detailed at Terms of Service and is an integral part of these Terms of Service.
  • The Privacy Policy describes the types of information we collect, how we use it, with whom we share it, and your rights regarding this information, including privacy rights granted under specific state laws such as the California Consumer Privacy Act (CCPA/CPRA) and other U.S. consumer privacy laws where applicable.
  • Clarification: The Site is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete it.

8. Intellectual Property

  • All content appearing on the Site, including texts, graphics, images, logos, icons, video clips, audio clips, source code, designs, trademarks, and all other material, is the exclusive property of Kenzey Investing or third parties who have granted us permission to use it, and is protected by copyright, trademark, and other intellectual property laws, both in the U.S. and internationally.
  • It is strictly prohibited to copy, reproduce, distribute, publicly display, modify, create derivative works from, sell, or rent any part of the Site or the content appearing on it, without explicit prior written consent from the Site owner.

9. Limitation of Liability & Product Use

  • The Site and the services provided therein are offered "as is" and "as available," without any warranty of any kind, express or implied.
  • Kenzey Investing and/or its representatives do not warrant that the use of the Site will be uninterrupted, secure, error-free, or free of viruses.
  • We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
  • Our total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the products/services giving rise to the claim during the six (6) month period prior to any cause of action arising.
  • 9.1. Use of Wax Products:
    • Any use of wax products purchased from Kenzey is at the User's sole risk and responsibility.
    • It is the User's responsibility to carefully read and follow all instructions, warnings, and precautions provided on the product packaging or in any accompanying materials.
    • Kenzey Investing is not responsible for any injury, damage, or adverse reactions resulting from the improper use, misuse, or failure to follow instructions for any wax products. By purchasing and using wax products, you acknowledge and accept these risks.

10. Indemnification

  • You agree to indemnify, defend, and hold harmless Kenzey Investing, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms of Service or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your violation of any law or the rights of a third party.

11. Governing Law, Dispute Resolution, and Arbitration

  • These Terms of Service, and any dispute or matter arising out of or in connection with them or the use of the Site, shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
  • Mandatory Arbitration: Any claim, dispute, or controversy arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Sheridan, Wyoming.
  • Waiver of Class Action: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
  • Exclusive Venue (if arbitration is not applicable): In the event that the arbitration clause above is found to be inapplicable for any reason, you agree that the exclusive jurisdiction and venue for any matter relating to these Terms of Service and/or the use of the Site shall be the federal and state courts located in Sheridan County, Wyoming.

12. Termination

  • We may terminate or suspend your access to all or part of the Site and services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Miscellaneous Provisions

  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
  • Entire Agreement: These Terms constitute the entire agreement between you and Kenzey Investing regarding the use of the Site.
  • Electronic Communications: When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically.

14. Contact Information

  • For any questions or complaints regarding these Terms of Service or the use of the Site, please contact us via office@shopkenzey.com.