The following terms and conditions shall govern the sale by the entity, AWindOfChange.Com, ("AWindOfChange", "awindofchange.com", "A Wind Of Change", "A Wind Of Change Kites" or "Seller") named on the invoice
that will be provided to Customer for orders for Kites, Power Kites, Wind Vehicles, Wind Socks, Kite Line and/or Sets, Used Kites, Stunt Kites, Quad and/or Dual Line Kites, Single Line Kites, Kite Buggies, Kite Parts, Kite Supplies, and/or any other related
product(s) sold by AWindOfChange.Com, unless Customer has signed a separate formal purchase
agreement with AWindOfChange.Com. By ordering products on the online store of
AWindOfChange.Com or by accepting delivery of the products described on the invoice, Customer
agrees to be bound by and accepts these terms and conditions. AWindOfChange.Com reserves the
right to change these terms and conditions without prior written notice at any time, at the sole
discretion of AWindOfChange.Com.
2. Other documents do not apply.
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in advance in writing by AWindOfChange.Com.
3. Payment Terms.
Terms of payment shall be determined at the discretion of AWindOfChange.Com and otherwise agreed to by AWindOfChange.Com. AWindOfChange.Com must receive payment prior to AWindOfChange.Com's acceptance of Customer's order. Payment shall be made by credit card, cash, Paypal, or some other pre-arranged method of payment acceptable to AWindOfChange.Com. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and AWindOfChange.Com shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
4. Prices, Shipping, Handling Charges, Taxes and other charges.
AWindOfChange.Com will only guarantee shipments made to U.S. locations. All prices do not include charges for shipping, handling, taxes, import fees, export fees, customs fees, or other similar fees, duties, or imposts. Separate charges for shipping and handling will be shown on the invoice. AWindOfChange.Com is obligated to withhold sales tax for delivery within the state of Nevada. Unless Customer provides AWindOfChange.Com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to AWindOfChange.Com's acceptance of the order, the Customer is responsible for sales tax and all other taxes associated with the order.
5. LIMITED WARRANTY DISCLAIMER.
A limited hardware warranty statement will be included with each product shipped to Customer if available. AWindOfChange.Com reserves the right to modify its warranty statement at any time, in its sole discretion. THE CONTENT ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW OTHER THAN THE WARRANTIES PROVIDED WITH THE PRODUCT, AWINDOFCHANGE.COM DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITS HARDWARE OR SOFTWARE PRODUCTS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. AWINDOFCHANGE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
6. Product Availability.
Product availability may be limited. Products may not be available for immediate delivery. AWindOfChange.Com reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, AWindOfChange.Com may ship products which have substantially similar functionality and specifications to the products ordered.
7. EXCLUSION AND LIMITATION OF LIABILITY.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS BY AWINDOFCHANG.COM, PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE PURCHASE PRICE PAID. AWINDOFCHANGE.COM'S MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL AWINDOFCHANGE.COM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, PERSONAL LOSS OR INJURY, LOSS OF DATA OR USE EVEN IF AWINDOFCHANGE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
8. Force Majeure.
AWINDOFCHANGE.COM SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF AWINDOFCHANGE.COM.
9. Governing Law and Jurisdiction.
The sale of products, these terms and conditions and this agreement are governed by and construed in accordance with the laws of the State of Nevada, excluding its choice of law provisions. Each party hereby consents to the exclusive venue and jurisdiction in the State and Federal Courts located in Southern Nevada for resolution of all disputes.
10. Export Control.
Products purchased or received under these terms and conditions are subject to export laws and regulations of the United States of America.
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
12. Return Policies.
Our products are personally inspected by our staff and leave our warehouse in first class condition. Should you ever run into a situation where a product needs to be returned then AWindOfChange.Com will gladly accept your return if it meets the following criteria:
1) The item being returned must in new and un used factory condition with no damage, wear, dirt or blemishes.
2) The items package must be in 100% factory condition and the original factory package supplied with the product.
3) All parts and accessories must be included and in 100% factory condition.
4) Item being returned must be approved within 15 days of the time the item was ordered or purchased from AWindOfChange.Com.
5) All returns must first be approved by a qualified staff member of AWindOfChange.Com.
6) Customer agrees to pay for any costs involved with the return shipping of any returned item.
7) AWindOfChange, at its own discretion, may charge up to a maximum of 15% for restocking fees. Any restocking fees will be discussed in full before the item is approved for return.
8) Custom or special orders are not returnable.
9) If an item is approved for return, then AWindOfChange.Com will issue either store credit or full refund for the purchase price of the item being returned. Shipping charges, handling charges and any other speical charges are not refundable.
AWindOfChange.Com wants to make sure you are 100% satisfied with your order and we value all of our customers. If you have an item that needs to be returned for any reason then please contact one of our staff to discuss your issue. We will do whatever possible to make sure you are happy with your purchase.
If an item is damaged during shipment, AWindOfChange.Com will exchange that item for the same item only. All claims for damaged items must be made within 24 hours after you receive your shipment in order to receive an exchange. All damaged items must be properly filed immediately with the shipping company upon delivery of the item. In the event of an exchange caused by shipping damage, the damaged items must be returned to AWindOfChange.Com before a replacement item will be shipped. We will issue you a store credit if we cannot replace your item. Any return must first be agreed upon by AWindOfChange.com. Any item being returned must be in new unused condition and in the original packaging supplied by the manufacturer and must have all parts, pieces, and accessories that were included with the product at the time of sale. All costs, charges, expense including but not limited to shipping charges, packaging charges, or any other associated charges incurred or involved with any returned product(s) for any reason whatsoever is the sole responsibility of the customer. Please e-mail all damaged claims immediately to AWindOfChang.Com or contact AWindOfChange.Com directly by phone or in person.
AWINDOFCHANGE.COM RESERVES THE RIGHT TO HAVE THE FINAL DECISION IN ALL MATTERS REGARDING RETURNS, REPLACEMENT ITEMS, AND STORE CREDIT.
AWindOfChange.Com's policy is one of on-going updates and revisions. AWindOfChange.Com may revise and discontinue products at any time. AWindOfChange.Com will ship products that have substantially similar functionality and performance to the products ordered, but changes between what is shipped and what is described in a specification sheet, this online site, or catalog are possible.
14. Service and Support.
AWindOfChange.Com endeavors to provide the best customer and technical support. For end-user Customers, AWindOfChange.Com's support personnel will attempt to address problems with AWindOfChange.Com's products over the telephone and/or e-mail.
15. No Assignment.
Customer may not assign any of its rights or obligations under this Agreement without the express written consent of AWindOfChange.Com.
16. Invalidity of Provisions.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforce ability of the remaining provisions shall not in any way be affected or impaired thereby.
17. Entire Agreement.
This agreement, including any end-user license agreements accompanying the products, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous communications or understandings.
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