Terms of Sale
Last updated 05/02/2024
This website is operated by Kahy By Shah, a Georgia limited liability company (the “Company”, also referred to as “we”, “our”, and “us”). The Company offers the website http://www.kahybyshah.com, including all information, tools and features available on the website (collectively, the “Site”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these terms (these “Terms of Sale”).
This page contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read these Terms of Sale carefully before accessing or using the Site.
By accessing or using any part of the Site, including by placing an order for any of the items listed to for sale on the Site (“Products”) from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale.
You may not access or use the Site if you (a) do not agree to these Terms of Sale or (b) are not of the legal age to form a binding contract with the Company.
These Terms of Sale require the use of arbitration to resolve disputes, rather than jury trials.
These Terms of Sale apply to the purchase and sale of Products through the Site. These Terms of Sale may change from time to time, without prior notice to you. Any changes to the Terms of Sale will be in effect as of the “Last updated” date referenced at the top of this page. Your continued use of the Site after the Last updated date is deemed to be acceptance of those changes, so please check these Terms of Sale periodically for updates. Any new features or tools which are added to the Site will also be subject to these Terms of Sale.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms of Sale, all Products listed in your order. We are not obligated to sell Products to you, and we may choose not to accept or fulfill orders at our sole discretion, and at any time, including after we send an order confirmation.
In the event we make a change or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made.
Price and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice.
[Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and itemized in your shipping cart and your order confirmation.]
The price charged for Products will be the price in effect at the time the order is placed, and will be reflected in your order confirmation. We strive to display accurate price information, however, we may make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any pricing errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, limit or cancel any order in full or in part. In the event we make a change or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made.
We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, these Terms of Sale will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Shopify Payments for all purchases.
You represent and warrant that:
- Any credit card, account or other information you supply to us is true, correct, and complete;
- You are duly authorized to use such payment method for the purchase;
- Charges incurred by you will be honored by your credit card company or other financial institution;
- You will pay charges incurred by you at the posted prices, including but not limited to shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order; and
- You will promptly update your account and other information as needed.
Product Descriptions and Additional Information
We strive to display accurate information, however, we may make inadvertent typographical errors, inaccuracies, or omissions related to product descriptions, promotions, and availability. We reserve the right to correct any product description errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We have no obligation to update, amend or clarify information on the Site except as required by law. We reserve the right at any time to modify or discontinue Products on the Site without notice. We are not liable to you or to any third-party for any modification, price change, suspension or discontinuation of Products.
We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
Shipments and Delivery
We will arrange for shipment of the Products to you. Please check the [Product page] for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges reflect, but may not be identical to, the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
All Products on the Site are final sale and non-returnable.
For more details, please review our Return and Refund Policy: https://kahybyshah.com/policies/refund-policy
Disclaimer of Warranties
We do not manufacture or control any of the Products offered on our Site. The availability of Products through our Site does not indicate an affiliation with or endorsement of any Product or manufacturer. We do provide any warranties with respect to the Products offered on our Site.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE DISCLAIMER ABOVE ONLY APPLIES TO THE EXTENT PERMITTED BY LAW.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
We may from time to time remove Products from the Site for indefinite periods of time without notice to you.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS REGARDLESS OF:
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS THAT YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above:
- Only applies to the extent permitted by law,
- Does not apply to liability resulting from out gross negligence or willful misconduct, and
- Does not apply to death or bodily injury resulting from our acts or omissions.
Termination
The obligations and liabilities of the parties incurred prior to the date of termination will survive the termination of these Terms of Sale for all purposes.
These Terms of Sale are effective unless terminated by either you or us. If in our sole judgment we determine or suspect that you have failed to comply with any term or provision of these Terms of Sale we may also terminate this agreement at any time without notice.
Online Store Terms
You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations in the United States.
You understand that you may not use our Products for any illegal or unauthorized purpose, nor may you, in the use of the Products, violate any laws in your jurisdiction including but not limited to copyright laws.
Privacy of Personal Information
All personal information collected from you in connection with your purchase of Products through the Site is governed by our Privacy Policy, which can be viewed here: https://kahybyshah.com/policies/privacy-policy.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, way, invasion, terrorist threats or acts, civil unrest, national emergency, opidemic, lockouts, strikes or labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
This Site is operated from the United States. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of State of Georgia or any other jurisdiction) that would cause application of the laws of any jurisdiction other than those of the State of Georgia.
Dispute Resolution and Binding Arbitration
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION
ANY CLAIM, DISPUTE, OR CONTROVERSY WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered in the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this section, Dispute Resolution and Binding Arbitration. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Assignment
You may not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of these Terms of Sale is null and void, and does not relieve you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these Terms of Sale will not constitute waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
No Third-Party Beneficiaries
These terms do not and are not intended to confer any rights or remedies pon any person other than you.
Notice
- To you. We may provide any notice to you under these Terms of Sale by
- sending a message to the email address you provide, or
- by posting to the Site.
Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To the Company. To give the Company notice under these Terms of Sale you must contact us via the contact information provided below in the section Contact Information.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability
If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
Entire Agreement
Our order confirmation, these Terms of Sale, the license agreement relating to any Product you obtain through this Site, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.
Contact Information
Questions about the Terms of Sale should be sent to us at namaste@kahybyshah.com.