Terms of Sale

1. SCOPE
   
   A. Killscreen Products and Services – These General Terms of Sale (“Terms of Sale”) are offered to you by Killscreen, Inc. (“Killscreen”, “we”, or “us”) and govern all sales and purchases of any new or refurbished products and/or services offered by us (collectively referred to as “Products”) through the Killscreen webstore at killscreen.io or our other webstores. The information set out in the Terms of Sale and the details contained on this webstore do not constitute an offer for sale but rather an invitation to treat. No contract with respect to any Products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be refunded.
2. PURCHASE OF PRODUCTS
   Purchase of Products through the Killscreen webstore shall be subject to the following terms and conditions:

   
   A. YOUR COMPLIANCE
   You will receive an order confirmation number via email. If you do not receive an email within forty-eight hours, please check your spam folder. You agree that:

   • You may only use the webstore to make legitimate enquiries or orders.
   • You will not make any speculative, false, or fraudulent orders or any orders contrary to these Terms of Sale. If we reasonably believe such an order has been made, we reserve the right to cancel the order and/or take other appropriate action.
   • You agree to provide correct and accurate email, postal, and/or other contact details to us and acknowledge that we may use these details to contact you if necessary.
   • If you do not provide us with the information we need, we may not be able to complete your order.
   • By placing an order through the webstore, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
   • By placing an order through the webstore, you are responsible at all times for all applicable taxes to the purchase, including sales taxes, whether displayed at checkout or not.

   B. PRODUCT AND SUPPORT DESCRIPTIONS

   We attempt to be as accurate as possible in the descriptions of our Products and services. However, we do not warrant that any Product and/or service descriptions or other content on the Killscreen webstores or presented at checkout are accurate, complete, reliable, current, or error-free. If you purchase a Product through the Killscreen webstore and believe it is not as described on the Killscreen webstore, or if you believe you have not received support for your Product as provided in the Limited Warranty, your sole remedy is to return the Product in accordance with our Return Policy.

   C. AVAILABILITY OF PRODUCTS

   All orders for Products are subject to availability. If products are no longer in stock, we reserve the right to provide information about substitute products of equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any payments you might have made. We reserve the right to withdraw any Products from this website and/or the Killscreen webstores at any time and/or remove or edit any materials or content on this website or the Killscreen webstores. While we will make our best efforts to process all orders, there may be exceptional circumstances where we may need to refuse to process or fulfill an order after we have sent you an order confirmation. We reserve the right to do so at our sole discretion. We will not be liable to you or any third party by reason of withdrawing any product from this website or the Killscreen webstores, whether it has been sold or not, or for refusing to process, accept, or fulfill an order after sending you the order confirmation.

   D. CANCELLATION OF ORDERS

   We will cancel your order if: (i) we are unable to accept your order within a reasonable time from your date of order (with the exception of pre-orders); (ii) payment for your order is incomplete. If we cancel your order, we will refund any prior payment you have made for that Product.

   E. LIMITED WARRANTY

   For information about the manufacturer’s Limited Warranty for Products, please visit this link. Local laws may also give you additional rights. For customers in the European Union (EU), EU Directive 2011/83/EU regarding the conformity of goods as amended by EU Directive 2019/2161 and as implemented by your specific country will also apply to your purchase. Under these various consumer directives/laws, you may have additional rights, such as:

   • The ability to enforce the legal guarantee of conformity in the 2 years provided by the EU Directive or other time period of your country’s implementing laws.
   • Subject to the conditions of the directive or your country’s implementing laws, the ability in some cases to opt between replacement or repair, unless such a choice imposes a disproportionate burden on us.
   • Not being required to prove the existence of the lack of conformity for the first year, or whatever time period your country’s implementing laws provide.

   The address for contacting us regarding a claim under such consumer directives/laws is found here: contact customer support.

   F. RETURN POLICY AND CUSTOMER SUPPORT

   We allow returns of your product within thirty (30) days of purchase. For customized products, we may impose a restocking fee of 15% of your purchase price. Additional fees may apply if the item has been excessively used or damaged before return. Review our Return Policy for Products. If you need help, you may contact support.

3. PRICE AND TERMS OF PAYMENT
   
   A. If there is a price associated with a Product offered by us, you agree to pay that price and all applicable taxes. While we take care to ensure that all prices quoted on our webstore are accurate, errors may occur. If we discover an error in the price of any Product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled, and if you have already paid for the Product(s), you will receive a full refund. If we discover an error in the tax collected at purchase (or that tax was not collected at purchase), we will charge you for, and you agree to pay, such tax even if after the completion of the purchase transaction.

   
   B. We are under no obligation to sell the Product(s) to you at the incorrect (lower) price if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.

   C. We reserve the right to decline orders or to decline to fulfill orders for bulk or high-value purchases regardless of the correctness of the price listed on the webstore and/or to change price and availability information without notice.

   D. We reserve the right to notify you of any revision in the prices of the Products to factor in any changes to the cost of the Products and/or any changes to the description of the Products before fulfillment. If you choose to continue with the fulfillment of your order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description.

   E. The countries in which we can deliver the Products are set out in the “Country” dropdown field on the delivery information page in the Killscreen webstore. We reserve the right to amend this list of countries at any time and shall not be liable to you for any such amendment or the imposition of any new condition in relation to any country.

   F. Unless stated otherwise, all prices of the Products set out on the Killscreen webstore shall be exclusive of: (i) any shipping cost (unless you qualify for free shipping based on terms set out on the Killscreen webstore); (ii) any sales tax or duty, customs charge (including but not limited to customs charges), import duty and tax (where applicable); and (iii) cross-border fees or exchange rate settlements which may be applicable to the purchase or delivery of the Products you purchase (collectively, the “Additional Cost”). Such Additional Cost shall be borne by you, even if not charged to you at checkout.

   G. Payment in full must be made before our acceptance using the payment methods as provided on the Killscreen webstore. Payment methods include major credit cards, Amazon Pay, and PayPal in select regions. We will charge credit and debit cards before dispatch of the Products or the commencement of any services.

   H. By submitting your personal information and payment information to us via our webstore, you authorize us to withdraw the designated funds from your account at your designated banking or financial institution, based on your payment instructions and for the limited purpose of purchasing goods and services from the webstore and/or payment of any associated charges such as taxes.

   I. You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We shall not be liable for any billing errors unless you advise us of such billing error within fourteen (14) days from the date of the invoice, unless such billing error was or should have been obvious. In the event of a genuine billing error, we will refund any amount overpaid.

   J. Payment processing may take up to seven (7) days from the date of your order. If payment is not received within seven (7) days of the date of the order confirmation, Killscreen may cancel the order, and we reserve the right to take further action as may be appropriate.

   K. Where permitted, if we offer you the ability to pay in installments through a third-party service provider, such as Afterpay, and you select that payment option, you understand and agree that such payment option is between you and the third-party service provider, and you agree that you will make payment directly to the third-party service provider based on the payment plan and schedule you agreed to with the third-party service provider. Any failure by you to comply with the terms of such agreement may result in our cancellation of your order and return of any Products delivered to you (if any). Killscreen will not be responsible for such failure, and you are required to contact the third-party service provider directly for any refunds and inquiries.

4. RISK AND TITLE
   
   A. All Products purchased will be at your risk from the time of delivery to you, regardless of whether the Product is still in transit or otherwise delayed for reasons beyond our control. Title to Products purchased from us will pass to you on the later of (a) delivery, or (b) payment in full (including any Additional Cost), and in the currency stated at checkout.

   
   B. You agree that your purchase is for personal or internal business use only. If you resell the Products, you will be responsible for the reselling process and all applicable laws in the process.C. Where required, you must dispose of any packaging or other protective materials and recycle in accordance with your local regulations.

5. DELIVERY
   
   A. DELIVERY TERMS
   We aim to deliver the Products to you at the delivery address provided by you at the time of your order. The Products will be delivered by one of our third-party shipping service providers within the timeframe indicated in the delivery information page of the Killscreen webstore. We cannot, however, guarantee that the delivery will be made within such timeframe. Title to Products purchased from us will pass to you on the later of (a) delivery, or (b) payment in full (including any Additional Cost).

   B. DELIVERY TIMEFRAME – Delivery timeframe is subject to availability, and we cannot guarantee that the delivery will be made within such timeframe. We will make reasonable efforts to deliver your Products within the timeframe indicated in the delivery information page of the Killscreen webstore. You agree that you have ordered your product and/or service subject to the above Terms and/or based on any notification we provide to you via email or otherwise, even if it was not indicated in the timeframe when you originally placed the order. If your order is delayed, we will notify you by email or other means and make reasonable efforts to ensure delivery of the product or service as soon as possible.

   C. REFUSAL OF DELIVERY

   We will treat your refusal of delivery as a return under our Return Policy, unless the refusal was a result of damage to the product caused by our carrier. If such refusal was not a result of damage, any return shipping and other associated fees will be at your own cost.

   D. UNDELIVERED PACKAGES

   We reserve the right to charge you for any additional shipping and handling fees associated with the undelivered package, including any applicable taxes.

   E. MISSING OR DAMAGED PRODUCTS

   If any product(s) is missing or damaged, please contact us within seven (7) days of the receipt of your order. The risk of loss for any product(s) will be transferred to you upon delivery to the delivery address provided at the time of your order.

6. PRIVACY AND DATA

   A. KILLSCREEN’S PRIVACY POLICY
   For information about Killscreen’s privacy practices, please visit our Privacy Policy.
   
   B. PERSONAL DATA
   Any personal data provided to us through the Killscreen webstore will be collected and processed by us in accordance with our Privacy Policy.
   
   C. COMMUNICATIONS

   You agree to receive communications from us electronically. We will communicate with you by email or by posting notices on the Killscreen webstore.

   D. ANALYTICS AND TRACKING TECHNOLOGY

   We may use cookies, web beacons, and similar tracking technology to collect information from you automatically when you interact with the Killscreen webstore. For more information, please visit our Privacy Policy.

7. LIMITATION OF LIABILITY
   
   A. Killscreen’s liability to you is limited, and Killscreen is not responsible for any loss or damages that are not foreseeable, which means they were not an obvious consequence of Killscreen’s breach or were not contemplated by you and Killscreen at the time we entered into this agreement.

   B. To the fullest extent permitted by applicable law, under no circumstances will Killscreen be liable for any indirect, special, consequential, or punitive damages of any kind arising out of, based on, or resulting from these Terms of Sale, the Killscreen webstore, your use or reliance on the Killscreen webstore, or the sale of any Products through the Killscreen webstore.

8. GENERAL TERMS
   
   A. SEVERABILITY
   If any provision of these Terms of Sale is found to be invalid, unlawful, or unenforceable by any court or other authority, such invalidity or unenforceability shall not affect the remainder of the Terms of Sale, which shall remain in full force and effect.

   B. WAIVER
   If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.

   C. GOVERNING LAW AND JURISDICTION

   These Terms of Sale, the relationship between you and us, and any disputes arising from or related to these Terms of Sale or the sale of any Products through the Killscreen webstore shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. Any dispute arising out of or related to these Terms of Sale shall be subject to the exclusive jurisdiction of the courts of Florida.

If you have any questions please contact us.