Terms and Conditions

**TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES**

1. **IMPORTANT INFORMATION**

THESE TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES (these “Terms”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH K & D EXTREME, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms apply to the purchase and sale of products and services through www.kdextreme.com (the “Site”). These Terms are subject to change by K & D Extreme (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Site terms of use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

2. **Order Acceptance and Cancellation**

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received your order confirmation email. You have the option to request cancellation or modification of your order before the time we have quoted you a shipping date. All cancellations or modifications are assessed on a case-by-case basis, are not guaranteed, and can be requested by visiting https://www.kdextreme.com/contact/ email our customer service department at info@kandextreme.com

3. **Prices and Payment Terms**

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all  major credit cards for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or payment form for the purchase, (iii) charges incurred by you will be honored by your credit card company or various other payment forms, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. **Shipments; Delivery; Title and Risk of Loss**

(a) We will arrange for shipment of the products to you. Please check the individual product page or product checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(c) Product lead times and shipping time quotes will fluctuate over the course of the year. Every lead time quote and shipping quote is subject to change and are not guaranteed.

5. **Certain Returns and Size Exchanges**

(a) Should a customer find the fit or size of the web ordered garment unsatisfactory, size exchanges are available for web orders that are not in any way modified or customized by us. This service incurs a fee equal to 50% of the base price of the garment, with a minimum fee of $50. Size exchange requests must be submitted within 7 days following product delivery and should involve unworn garments with tags still attached. Garments featuring custom logos, lettering, and/or embellishments are deemed final sale items and are ineligible for size exchanges. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

(b) With the exception of web orders that are in no way modified or customized by us, all products provided by us are exclusively custom-made-to-order, crafted specifically for individual customers, and are irrevocably designated as final sale items. Consequently, returns or exchanges cannot be entertained on these products.

6. **LIMITATION OF LIABILITY AND NO WARRANTY**

(a) IN NO EVENT SHALL WE BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO OUR PRODUCT OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

(c) IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS AND SERVICES SOLD PURSUANT TO YOUR ORDER.

7. **Intellectual Property, Photos, Logos, etc.**

(a) By placing an order for products of services from this website, you agree that each of us remains the respective owner of its developments, inventions, conceptions, creations, works of authorship, improvements, and the like made, conceived, or created related to the products and services that are the subject of the applicable order, as well as patents thereon whether applied for or granted.

(b) You agree that we may use your name on our website and other promotional materials and may reproduce any photos, drawings or illustrations, provided by you to us, as well as your provided logos and the logos of your end-users on our website, internet advertising, marketing and promotion of our products and services. You consent to our use and hold us harmless, forever releasing and discharging us from all claims, demands, and cause of action which may arise out of any such use.

8. **Force Majeure**

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemics, endemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency, pandemics or endemics; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the