Last Updated: 8/13/24
Welcome to Kemp Studios! These Terms and Conditions (“Terms”) govern your use of our website www.kempstudios.com (the “Website”) and the purchase of any products or services through the Website. By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.
1. Use of the Website
1.1 Eligibility
To use our Website and purchase products, you must be at least 18 years old or have the consent of a parent or guardian. By using the Website, you represent that you meet this eligibility requirement.
1.2 Account Registration
To make a purchase, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Orders and Payment
2.1 Order Acceptance
All orders placed through the Website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspicion of fraudulent activity.
2.2 Pricing and Availability
We strive to provide accurate pricing and product information. However, errors may occur. We reserve the right to correct any errors in pricing or product information and to cancel any orders placed under incorrect prices. If your order is canceled after payment, we will refund the full amount.
2.3 Payment
We accept payment through the methods specified on the Website. By providing payment information, you represent and warrant that you are authorized to use the payment method. All payments are subject to validation and authorization by the payment processor.
2.4 Taxes
You are responsible for any taxes or duties applicable to your purchase. Taxes will be calculated and displayed at checkout based on your shipping address.
3. Shipping and Delivery
3.1 Shipping
We offer shipping to the locations specified on the Website. Shipping times and costs will vary depending on your location and the shipping method selected. We are not responsible for any delays caused by the shipping carrier.
3.2 Delivery
Risk of loss and title for products purchased from us pass to you upon delivery of the products to the carrier. It is your responsibility to provide accurate shipping information and to ensure that someone is available to receive the delivery.
4. Returns and Refunds
4.1 Return Policy
We accept returns for eligible products within 10 days of delivery. To be eligible for a return, the product must be unused, in its original packaging, and in the same condition as when you received it. Please review our Return Policy on the Website for detailed instructions on how to return a product.
4.2 Refunds
Refunds will be processed using the original payment method. Please allow 5 days for the refund to appear in your account after we receive the returned product. Shipping costs are non-refundable unless the return is due to our error.
5. Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of Kemp Studios or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the Website without our express written permission.
6. User Conduct
You agree not to use the Website in any way that:
- Violates any applicable laws or regulations.
- Infringes on the rights of others.
- Disrupts or interferes with the security or functionality of the Website.
- Involves the transmission of harmful or malicious code.
7. Disclaimers and Limitation of Liability
7.1 Disclaimers
The Website and all products and services provided through it are offered “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Website will be available, secure, or free of errors.
7.2 Limitation of Liability
To the maximum extent permitted by law, [Company Name] and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the purchase of any products or services.
8. Indemnification
You agree to indemnify, defend, and hold harmless Kemp Studios and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Website, your violation of these Terms, or your violation of any rights of another.
9. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or your use of the Website shall be resolved exclusively in the courts of [Your Country/State].
10. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on the Website, with the “Last Updated” date at the top of the Terms indicating the latest revision. Your continued use of the Website after the posting of changes constitutes your acceptance of those changes.
11. Contact Us
If you have any questions or concerns about these Terms, please contact us.