Terms and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Return Policy
Kid
Dynamo will gladly accept returns within 30 days of the original
purchase date for exchange or store credit. Returned items must be
in their original condition, in original packaging with all tags
attached and instruction and inserts included, no signs of use, and the
original packing slip must be included. Returned items must be received
by our warehouse no later than 30 days from original purchase date.
Customer is responsible for all shipping costs incurred in returning the
merchandise. If the returned item is being exchanged for something
else, Kid Dynamo will assume all new shipping charges using the most
economical method at Kid Dynamo's discretion. In the case of a
manufacturer's defect, Kid Dynamo will exchange the item or refund the
amount of purchase, minus the shipping costs, in the original tender of
the purchase.
Please
note: All furniture is not returnable and a final sale
except in the case of a manufacturer's defect; all sale merchandise
is sold as-is and is non-returnable. All defective furniture, rugs, and
select drop shippable items must be shipped back directly to the
manufacturer, please contact support@shopkiddynamo.com for more information.
Kid
Dynamo reserves the right to refuse returned merchandise that does not
appear to be in original, unused condition. The item(s) will be returned
to sender; if the shipment is rejected and sent back to Kid Dynamo, we
reserve the right to liquidate the inventory without issuing a refund or
store credit.
Shipping Policy
Kid
Dynamo ships merchandise to the United States, Canada, Puerto
Rico, and Western Europe. At checkout you will be able to enter your
address and Kid Dynamo will calculate the appropriate charges. Not
included in the shipping charges quoted by Kid Dynamo will be any
customs duties, taxes, or fees associated with international shipping.
These extra charges are the responsibility of the receiving customer and
Kid Dynamo makes no claim to be able to quote these charges accurately
nor assumes any financial responsibility for them.
Packages will
ship via FedEx Ground or the United States Postal Service, unless
otherwise specified. Kid Dynamo ships orders Monday through Friday,
all orders processed over the weekend will not ship until the following
Monday. Delivery times vary, usually about 3-7 days from shipment date.
You will receive a tracking number in your shipping confirmation email,
if applicable. If you need something faster, please contact us at
510.527.1205 or support@shopkiddynamo.com and we will work with you to
find an optimal shipping resource.
Please be sure to inspect all packages for damage upon delivery before
you sign for them. If damage is visible, refuse the shipment, be sure
that the driver notes the damage, and contact Kid Dynamo at support@shopkiddynamo.com or 510.527.1205. We will file a claim with the shipper and send a replacement to you as soon as possible.
If
your merchandise was damaged during shipping please immediately take a
digital picture of the damaged item and any damage to the box it came in
and send the photo to support@shopkiddynamo.com along
with a description of the damage, the order number, customer name and
contact information. Please save all original packing materials so that
we may file a claim with the shipper.
All
orders over $99 will qualify for $6.95 flat rate FedEx Ground
shipping within the contiguous 48 States. This offer excludes furniture,
rugs, and select drop shippable items. Extra shipping costs will all be
displayed upon checkout. Kid Dynamo does not ship to P.O. boxes or
MPO/AFO at this time.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Kid
Dynamo, Inc.. The collective work includes works that are licensed to
Kid Dynamo, Inc.. Copyright 2003, Kid Dynamo, Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with Kid
Dynamo, Inc. or purchasing Kid Dynamo, Inc. products. You may display
and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Kid Dynamo, Inc. or to
purchase Kid Dynamo, Inc. products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by
Kid Dynamo, Inc.. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Kid Dynamo, Inc. used in
the site are trademarks or registered trademarks of Kid Dynamo, Inc.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Kid Dynamo, Inc.
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Kid Dynamo, Inc. does not represent or
warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. Kid Dynamo, Inc. does not make any warranties or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Kid
Dynamo, Inc. shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Kid
Dynamo, Inc. has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors
In
the event that a Kid Dynamo, Inc. product is mistakenly listed at an
incorrect price, Kid Dynamo, Inc. reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. Kid
Dynamo, Inc. reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is canceled, Kid Dynamo, Inc. shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Kid Dynamo, Inc.
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Kid
Dynamo, Inc. may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Kid Dynamo, Inc..
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Kid Dynamo, Inc.
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of Kid
Dynamo, Inc. products) must be commenced within one (1) year after the
claim or cause of action arises. Kid Dynamo, Inc.'s failure to insist
upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Kid Dynamo, Inc.
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Kid Dynamo, Inc. or other licensed employee,
host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other
organization.
Participation Disclaimer
Kid
Dynamo, Inc. does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Kid Dynamo, Inc.
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Kid Dynamo, Inc. reserves the right to
block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Kid Dynamo, Inc. in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Kid Dynamo, Inc., its
officers, directors, employees, agents, licensor's and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, Kid Dynamo, Inc.
may link to sites operated by third parties. However, even if the third
party is affiliated with Kid Dynamo, Inc., Kid Dynamo, Inc. has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of Kid Dynamo, Inc.. These linked
sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, Kid Dynamo, Inc. seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
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