Terms & Conditions
Date of Last Revision: 01/28/2019
These Terms and Conditions disclose the terms and conditions practices for www.buykonpresio.com (the "Website", "Us", or "Company").
By accessing, using, registering or placing an order at this Website, You agree to be bound by each and every term and condition stated herein, which represent a legally binding contract between You and Us. You hereby state and affirm that they have read, understand, and agree with all of the following Terms and Conditions of Use, and our Privacy Policy (collectively, the "Agreement"). Therefore, please take the time to read this Agreement in full. If you do not agree to the terms and conditions of this Agreement, do not use this Website or order product from Us. For your convenience, we will change the "Last Updated" date above to reflect changes to this Agreement. It is your sole responsibility to review this Agreement for changes prior to Use of the Website.
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GENERAL
We reserve the right to alter or discontinue any products or services offered by or through this Website or too amend or change this Agreement at any time. Such changes, alterations, amendments or discontinuances shall be effective immediately without further notice thereof
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WEBSITE ORDER TERMS
When you place an order from our Website, you will be presented with the total amount of all relevant charges which will vary depending upon your order. For example, on all orders you will clearly see the product cost, the shipping and processing cost, any discounts, and, if applicable, the sales tax cost. Please note, by law we must collect sales tax on all orders placed by residents of New York.
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ORDER PROCESSING AND SHIPPING TIMES
Your order will be processed and shipped within 72 hours (3 business days) from the date of order. Normal operating business hours are Monday - Friday, 9am - 6pm EST (excluding holidays). For any products not in stock at the time of your order shipment will be processed immediately upon receipt of the product. Shipping times will vary depending upon the selected shipping option.
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APO, FPO &PO BOX ADDRESSES
Orders being shipped to APO, FPO or PO Box can incur additional shipping times. We estimate 10-12 business days for delivery once the order has been shipped; however, some destinations may take longer.
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Return Policy
Order Cancellations: If you wish to cancel your order please contact our customer service team by email at [email protected]. In-stock items are usually processed within 24 hours, so it is important that you contact us as soon as possible so we can cancel your order before it is processed and dispatched. After 24 hours we cannot guarantee that we will be able to your modify order contents, change shipping details or pull your shipment back from the courier. Once your order has been successfully cancelled you will be refunded for the full purchase amount.
30 Day Return Policy: Compression Socks wants you to be 100% happy with your purchase. We make Compression Socks that last, and if they don’t we want to know about it! Returns must be requested within 30 days from the delivery date of your order moneyback guarantee.
IMPORTANT NOTES: We reserve the right to fully inspect returned product for damage and it is in our sole discretion to determine if the product is in fact damaged.
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CUSTOMER SERVICE INFORMATION
To contact our Customer Service Department, please email [email protected]. Please allow 24 hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. You may also contact Customer Service by calling (855) 861-5238.
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BILLING ERRORS
If you believe that you have been billed in error, please contact our Customer Service Department at [email protected] or (855) 861-5238 immediately. Please allow 24 business hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within 30 days of its appearance on your credit/debit card account statement.
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OUR REPRESENTATIONS; PRODUCT DESCRIPTIONS
It is our Company mission to provide our customers with the finest products available. We want you to have the most accurate information concerning the product. The information we communicate to you about a product and/or its efficacy is obtained from manufacturers, independent third parties such as educational institutions, scientific news articles and agencies, scientific reports and researchers ("Information Sources"). We do not warrant or represent that any Information Source is error free, nor do we warrant any Information Source nor the methods that they use to arrive at their conclusions. All product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the product will conform to such specifications or performance data.
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YOUR REPRESENTATIONS
You represent that you are at least 18 years of age. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the product only extend to you on the understanding that you are the end user and not a reseller of any product. We do not authorize you to resell, redistribute or export any product that you order from the Website. You agree to pay for the product and any taxes, shipping or handling of product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
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LIABILITY LIMITATION/DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS YOU ORDER AT OR THROUGH THIS WEBSITE ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company, its officers, managers, directors, members, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands, including without limitation, legal and accounting fees, for all damages directly, indirectly, and/ or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full compensation from you.
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NOTICES
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
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TERMINATION
We reserve the right to terminate your access to or use of this Website and/or your subscription to the product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, cash back points, product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations.
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FRAUD
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
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SALES TAX
If you purchase any products available on our Website, you will be responsible for paying any sales tax indicated on the Website.
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INTELLECTUAL PROPERTY RIGHTS
The Website, its content and compilation of content is owned by Company or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, the Berne Convention and the copyright laws of other countries. All content, logos, designs and icons, unless noted otherwise, are proprietary to Company or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Company, its affiliates' or its third-party information providers' copyrights and other proprietary rights.
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MISCELLANEOUS
Choice of Law/Venue/Dispute Resolution: This Agreement is governed by and construed under the laws of the United States and the State of Arizona. The federal and state courts of Maricopa County have exclusive jurisdiction to adjudicate any non-arbitrable matter arising out of this Agreement. Any dispute arising under or relating to the Website, any product ordered or purchased at or through this Website, or this Agreement shall be first submitted to non-binding mediation at JAMS, New York, NY before a mutually agreed upon mediator. If the parties cannot agree upon a JAMS mediator, either party may petition the court for appointment of a JAMS mediator. If mediation fails to resolve the dispute, it shall be decided by arbitration at JAMS New York, NY before a mutually agreed upon arbitrator. If the parties cannot agree upon a JAMS arbitrator, either party may petition the court for appointment of a JAMS arbitrator. The arbitration will be conducted in accordance with the then prevailing commercial arbitration rules of the AAA. Claims subject to this mandatory arbitration clause cannot be asserted through a class action or analogous group arbitration action.
Assignment: This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
Severability: If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions of Use will continue in full force and effect.
Attorneys' Fees: In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
No Waiver: No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Modifications: Company reserves the right to change any of the provisions posted herein and you agree to review the date of last revision of these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
Entire Agreement: This Agreement (which incorporates by reference Company’s Privacy Policy) constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. If you have any questions about this Agreement, please contact our Customer Service Department at [email protected].
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Warranty Disclaimers.
10.1 EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10.2 IN USING OUR SITE AND RELATED MATERIALS AND SERVICES, IT REMAINS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL APPLICABLE LOCAL, STATE, AND FEDERAL CODES, REGULATIONS, AND LAWS REGARDING BUILDING STANDARDS, INSPECTION REQUIREMENTS, PERMITTING REQUIREMENTS, PUBLIC SAFETY STANDARDS, AND OTHER RELEVANT CONCERNS. THIS INCLUDES ANY APPLICABLE HOMEOWNERS ASSOCIATION RULES AND/OR HOMEOWNERS INSURANCE GUIDELINES. YOU SHOULD CONTACT PROFESSIONALS AND/OR EXPERTS FOR ASSISTANCE AND/OR ADVICE AS IS NECESSARY TO SAFELY AND PROPERLY COMPLETE ANY IMPLEMENTATION OF THE METHODS AND SYSTEMS DESCRIBED IN THE MATERIALS. YOU ARE RESPONSIBLE FOR YOUR ACTIONS, AND AGREE TO INDEMNIFY AND/OR HOLD HARMLESS Blissy FOR ANY LOSS, INJURY, DEATH, CLAIM (WHETHER VALID OR INVALID), JUDGMENT, SUIT, PROCEEDING, DAMAGES, COSTS AND/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM ANY ACTION TAKEN BY YOU WHEN USING OR MISUSING INFORMATION IN THE MATERIALS. 10.3 ALL PRODUCTS FROM THIS SITE, US OR OUR RELATED COMPANIES ARE STRICTLY FOR INFORMATIONAL PURPOSES ONLY. WHILE ALL ATTEMPTS HAVE BEEN MADE TO VERIFY INFORMATION PROVIDED ON OUR WEBSITE AND IN THE PUBLICATIONS, NEITHER THE AUTHORS NOR THE PUBLISHERS ASSUMES ANY RESPONSIBILITY OR LIABILITY. THE AUTHORS AND PUBLISHERS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS. LOSS OF PROPERTY, INJURY TO SELF OR OTHERWISE, OR EVEN DEATH CAN OCCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF THE USE AND APPLICATION OF ANY CONTENT FOUND HEREIN. 10.4 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
