Hi Vis Kings's Conditions Of Use

CONDITIONS OF USE

THIS IS VERSION 4.0 OF THIS DOCUMENT. IT IS EFFECTIVE AS OF May 25, 2017.

Please take the time to carefully read these conditions of use. Hi Vis Kings, LLP (“Hi Vis Kings”) provides the features of the hiviskings.com website and the opportunity to purchase certain products to you subject to the following conditions: visiting or shopping on hiviskings.com signifies your acceptance of the following terms. If you do not wish to agree to these terms, please discontinue using the website.

LICENSE AND WEBSITE ACCESS

Hi Vis Kings grants you a limited. non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hi Vis Kings. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hi Vis Kings. Any unauthorized use terminates the permission or license granted by Hi Vis Kings. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Hi Vis Kings property (“Hi Vis Kings IP”); and you may not use Hi Vis Kings IP in any meta tags or hidden text on your website without Hi Vis Kings express consent. You may not use the website for commercial purposes or contrary to any law. Your license shall cease if you do not agree to these terms and conditions.

ELECTRONIC COMMUNICATIONS

When you visit Hi Vis Kings or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail. 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.

PRICING AND AVAILABILITY

Pricing and availability of merchandise shown on this website is current as of the last website update. Hi Vis Kings reserves the right to adjust pricing and availability based on any criteria of its choosing, including manufacturers’ supply and price fluctuations. You will be contacted if there are any changes to your order prior to the order being processed. Sales price and merchandise availability will be finally determined at the time an order is placed. All orders will be charged a minimum four-dollar ($4.00) handling charge in addition to any shipping charges, charges for hazardous materials, merchandise pricing and any applicable taxes.

PAYMENT TERMS

Hi Vis Kings gladly accepts Visa, MasterCard, American Express, Discover, Apple Pay, Google Pay, PayPal and Venmo for immediate payments. For more information, please contact our customer service department at 774-385-0810 or by email at [email protected].

TAXES

We are required by law to charge sales tax to orders in accordance with county, state, and federal regulations. At the time of the last update of this document, Hi Vis Kings collects Massachusetts sales taxes for any products purchased with a delivery destination in the Commonwealth of Massachusetts. Hi Vis Kings obligation to collect taxes may change without notice. All taxes will be invoiced to the customer. If you are tax exempt, please submit a tax exemption certificate to our accounts receivable department prior to the placement of any order.

SHIPPING

Orders are shipped FCA (as such term is defined in INCOTERMS 2000) Hi Vis Kings Warehouse, Auburn MA 01501 or direct from the manufacturer, at the sole discretion of Hi Vis Kings, unless otherwise agreed to by you and Hi Vis Kings in a separate written agreement. The Buyer bears all risk of loss on shipments from any merchandise purchased from Hi Vis Kings. Most orders are shipped via UPS, postage prepaid, and all shipping charges are invoiced to the purchaser. Larger orders may be shipped by different carriers. Hi Vis Kings reserves the right to choose the carrier for all shipments. Please contact Hi Vis Kings customer service department at [email protected] for any questions on the shipment or pickup of merchandise. Hi Vis Kings reserves the right to refuse to ship to any person or location whenever it cannot find a shipper that delivers to the destination or when any shipment violates any law or regulation. Any diversion in contravention of the Export Arms Regulations is prohibited.

HAZARDOUS PRODUCT SHIPMENTS

Shipping restrictions apply to any products considered to be hazardous material(s) by any carrier or government authority. Some hazardous materials may not be shipped and will only be available for pickup at Hi Vis Kings warehouse in Auburn MA. Any products or materials considered hazardous but available for shipping will require special packaging. Additional shipping and handling charges will apply to all Hazardous Product shipments. Customers must confirm with Hi Vis Kings whether a product will be considered hazardous and what procedures will apply to the shipping or pick up of the product at the time of purchase.

RISK OF LOSS

Risk of loss and title for merchandise passes to you upon our delivery to the carrier. Any lost item should be handled via the Claims procedure.

CLAIMS

Customers should inspect each shipment immediately upon arrival and let Hi Vis Kings know of any problems with your order. If you have questions or concerns about a shipment from Hi Vis Kings please contact Hi Vis Kings customer service department at 774-385-0810 or by email to [email protected]. All returns must be made through Hi Vis King’s Return policy.

RETURNS

Subject to the terms and limitations of this paragraph, Hi Vis Kings will provide a return authorization for all non-customized, stock items that have not been opened by the customer or damaged in transit, provided the customer requests a return authorization within sixty (60) days of the purchase date. Hi Vis Kings reserves the right to charge a restocking fee for the return of certain merchandise. Products that are special orders or any product that has any custom imprinting are not returnable. Please contact your sales representative or Hi Vis Kings Customer Service Department at [email protected] to obtain a return authorization.

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hi Vis Kings or licensed by Hi Vis Kings from the copyright owner, and protected by United States and international copyright laws. Compiling all content on this website is the exclusive property of Hi Vis Kings and is protected by U.S. and international copyright laws. All software used on this website is the property of Hi Vis Kings or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

YOUR ACCOUNT AND PERSONAL INFORMATION

If you use this website, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Hi Vis Kings only with express permission and continued involvement of a parent or guardian. Hi Vis Kings reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. All information will be collected and used pursuant to Hi Vis Kings Privacy Policy.

APPLICABLE LAW AND JURISDICITON

By visiting Hi Vis Kings website, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hi Vis Kings. You agree to resolve all disputes related in any way to your use of the website, placement of any orders, or use of any products in courts held in Worcester, County, Commonwealth of Massachusetts.

WARRANTY DISCLAIMERS AND MANUFACTURERS WARRANTIES

LIMITATIONS

Hi Vis Kings website is provided by Hi Vis Kings on an "as is" and "as available" basis. Hi Vis Kings makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HI VIS KINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts or to the disclaimer of certain warranties, so the above limitation may not apply to you.

Hi Vis Kings does not warrant that this website, its servers, or e-mail sent from Hi Vis Kings are free of viruses or other harmful components. Hi Vis Kings will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Any customer purchasing a product from Hi Vis Kings may be entitled to the manufacturer’s warranty, if any, that accompanies the product that was purchased by the customer, but Hi Vis Kings makes no express warranties or implied warranties including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose for any product. You may obtain a copy of the manufacturer’s warranty for a product by contacting us through this website. Hi Vis Kings does not endorse, recommend, or have control over any specific use of any product shown on this website or its catalog. Any illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the product will necessarily conform to the illustrations or descriptions. At Hi Vis Kings discretion, based on criteria solely of Hi Vis Kings choosing, Hi Vis Kings may provide customers with replacement merchandise, store credit or cash refund, but in all events, liability is limited to, and shall not exceed, the purchase price paid. Any replacement of merchandise, refund of purchase price, issuance of store credit or issuance of a cash refund shall be done for customer service purposes only and shall not imply or expressly state any warranty on the product made by Hi Vis Kings. In addition to disclaiming all express and implied warranties, Hi Vis Kings specifically disclaims all warranties to third parties.

REVISIONS AND ERRATA

The materials appearing on Hi Vis Kings' website could include technical, typographical, or photographic errors. Hi Vis Kings does not warrant that any of the materials on its website are accurate, complete, or current. Hi Vis Kings may make changes to the materials contained on its website at any time without notice. Hi Vis Kings does not, however, make any commitment to update the materials.

LINKS

Hi Vis Kings has not reviewed all the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hi Vis Kings of the site. Use of any such linked website is at the user's own risk.

SITE TERMS OF USE MODIFICATIONS

Hi Vis Kings may revise these terms of use for its website without notice. By using this website, you agree to be bound by the then-current version of these Terms and Conditions of Use.

LIMITATION OF LIABILITY

To the fullest extent possible under law, Hi Vis Kings will not be liable for special, incidental, or consequential damages, including but not limited to loss of profit or opportunity. Customer's sole and exclusive remedy is stated in the manufacturer's warranty, if any, accompanying the purchased product. In no event shall Hi Vis Kings' liability exceed the repair of the item by Hi Vis Kings, replacement of the item by Hi Vis Kings with comparable goods, or the price paid for the product purchased from Hi Vis Kings.

Applicability of State Law.

Some states may not recognize a disclaimer or limitation of warranties and/or limitation of liability. The disclaimer or limitation of warranty or limitation of liability is void where prohibited but only to the extent prohibited by applicable law. Customers may also have different and/or additional rights and remedies that vary from state to state.

Conditions of Use.

Customization & Branding

Easy Returns