Terms of Sale
Last Updated: November 2021.
1. YOUR CONTRACT WITH KINETICO.
2. PRODUCTS LISTED ON THE SERVICE.
We may make available on the Service listings, descriptions, and images of products and services (“Products”). We make no representation as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Service). Such information and the availability of the Products are subject to change at any time without notice. Kinetico attempts to display the features and characteristics of Products accurately on the Site, including colors. However, the actual color you may see may differ from the actual color, due to the monitor on which you are viewing the site. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
3. ORDER ACCEPTANCE AND CANCELLATION; BILLING
You are responsible for payment of your order by means of a payment option made available through the Service at the time of ordering. We use third-party providers and may accept various third-party services to process payments. You understand and agree that, when you register a payment card on the Service, that Kinetico or its third-party service providers may verify that the payment card you registered is valid. You authorize Kinetico or its third-party service providers to process the order amount to the payment card you selected when you submitted your order. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities for purchase, inaccuracies, or errors in product or pricing information, or problems identified with your payment method (including suspected fraud). If your credit or debit card has already been charged for the purchase and your order is canceled for the reasons discussed in these Terms of Sale, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
You agree that your order is an offer to buy and pay for, under these Terms of Sale, all Products listed in your order, as well as all applicable shipping and handling charges and applicable taxes. 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 by Kinetico will not take place unless and until you have received a confirmation that we have shipped your order.
We reserve the right to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits apply to your order. Kinetico reserves the right, at our sole discretion, to prohibit sales to individuals who are purchasing other than for their own personal enjoyment. Therefore, we reserve the right to limit quantities and refuse to sell to any person who we believe may be purchasing for resale or other non-personal purposes.
If a Product you purchased or accepted from Kinetico is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
4. SUBSCRIPTIONS AND RECURRING BILLING, AND CANCELLATION
Generally. We may offer you the ability to purchase subscriptions to certain Products under which we will ship Products to you at the frequency that you select. Your subscription will automatically create a new order according to your chosen delivery schedule, until you cancel. We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Payment; Renewal. The total cost charged to your payment method for each subscription order will be the cost of the item on the day that order is processed, plus any applicable sales tax.
The charge for each subscription item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your subscription order with the payment method you used to create your subscription (e.g., if your payment method has since expired), you authorize us to update your subscription with another payment method in your account and to charge the payment method for your subscription order.
You can cancel your order or subscription by calling (1-800-544-4233) or emailing customer support (email@example.com) with your order number and contact information. We will endeavor to process cancellation requests within 3 business days of receipt of the request. Once the request to cancel is processed, the order or subscription will be cancelled if the product has not already shipped. We are unable to cancel orders or subscriptions that have already shipped.
5. MODIFICATION TO PRODUCTS AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Products.
In the event a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
6. PROMOTIONAL CODES
We may from time-to-time offer promotional codes for discounts on Products. Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
7. SHIPPING, DELIVERY, RETURNS AND EXCHANGES
For Kube by Kinetico, visit here: http://kubewater.com/shipping-returns/
For Nimbus Water Store by Kinetico, visit here: https://www.nimbuswaterstore.com/
Free UPS Ground shipping for orders over $100 shipped within the contiguous United States. Free shipping does not apply to shipments to Hawaii or Alaska. Products not available for shipment to Canada.
Please note: UPS does not ship to PO Box addresses. Please provide a street address.
Free shipping: Free UPS Ground shipping for orders over $100 shipped within the contiguous United States. Free shipping does not apply to shipments to Hawaii or Alaska. Products not available for shipment to Canada.
For shipments outside the United States: Shipping fees do not include any import or customs fees that may be imposed for shipments into a foreign country. All such fees are the responsibility of the purchaser. Refusing a shipment due to unexpected fees may result in additional charges. Please check applicable import regulations prior to purchase. Products not available for shipment to Canada.
Items purchased from the nimbuswaterstore.com may be returned for a full refund of the purchase price if the following conditions are met: items must be unused, in original packaging, and returned within 30 days of delivery. After 30 days, unused items in original packaging may be returned, but a 15% restocking fee will be charged. No items will be accepted for return after 90 days from delivery. Customers are responsible for return shipping costs. Please contact firstname.lastname@example.org for return shipping instructions.
8. WARRANTY INFORMATION
We offer warranties for certain of our Products, on which you can find additional information here.
9. CALIFORNIA CONSUMER RIGHTS AND NOTICES
The legal name under which Kube conducts business is Kinetico Incorporated with a business address of 10845 Kinsman Road, Newbury, Ohio 44065 USA. The legal name under which Nimbus Water Store conducts business is Nimbus Water Systems with a business address of 42445 Avenida Alvarada, Temecula, CA 92590. California residents may receive verification of this information by email by contacting us at email@example.com.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
Kinetico (a) engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery and if such is verified by a third-party; (b) conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains, and if such audits are independent and unannounced; (c) requires direct suppliers to certify that materials incorporated in the product comply with laws regarding slavery and human trafficking of the country or countries in which it is doing business; (d) maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking; and (e) provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within supply chains of products.
10. CONTACT US
If you have any questions about these Terms of Sale, for Kube please contact Kinetico here. For Nimbus Water Store, please contact us at firstname.lastname@example.org.