Terms and Conditions
Introduction
This Agreement contains the complete Terms and Conditions for any activities including purchasing that you agree to abide by while on our website. By using or shopping from this website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Returns and Exchanges
Free Returns Accepted within 30 Days with option to return for a refund, store credit or exchange.
Do not send back product before contacting us for return instructions.
All returns or exchanges must be unused and returned with all original packaging, tags, etc, and in new resalable condition.
For returned items, actual shipping & handling cost is not refunded. For returned/exchanged goods offered with Free Shipping, the actual shipping & handling cost will not be deducted from the purchase price on the refund amount if an item of at least equal value is exchanged or if you opt for store credit.
Returns or exchanges not accepted on kites or wings which have been removed from factory wrapping or kite bags and boards which have had any factory shrinkwrap removed by purchaser or have had accessories mounted by buyer. Of course, factory warranties will be honored on any factory defects.
All purchases on discounted or sale items are final and cannot be returned or exchanged.
For sealed Books, returns or exchanges only accepted if unopened.
Use of the Site and Prohibitions
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Payments and Invoices
WindyCity Kite Sports (a division of 3ME Inc.) has the sole discretion to provide the terms of payment. An order may be invoiced separately. Unless otherwise agreed, payment must first be received by WindyCity Kite Sports prior to the acceptance of an order. Payment for the products shall be made by credit card, PayPal, eCheck, or wire transfer. WindyCity Kite Sports has the discretion to cancel or deny orders. WindyCity Kite Sports is not responsible for pricing, typographical, or other errors in any offer by WindyCityKiteSports.com and reserves the right to cancel any orders arising from such errors.
Risk of Loss
All items purchased from WindyCity Kite Sports that are shipped via a third party are the responsibility of the shipper for on time arrival. We do our best to make sure the shipper honors their guarantee but cannot be held responsible for delays on their end. Any loss or damage of shipments by shipping company will be subject to shipper’s insurance.
Product Pricing and Descriptions
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. A Minimum Advertised Price may be set by a vendor or manufacturer. In cases of pricing errors on our website in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED INTERFACING AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of Rights
You hereby acknowledge all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected WindyCityKiteSports.com shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Warranty Disclaimer and Limitations of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.