1. Payment. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. A $15.00 collection fee will be charged for all dishonored checks.
2. Refunds. Refunds for purchases shall be issued when the merchandise has been returned, and received by KNA Media Inc.
3. Canceled Orders. Cancel orders will be subject to a 10% restocking fee at the discretion of KNA Media Inc.
4. Terms of warranty. KNA Media Inc warrants to the original customer purchasing such products directly from KNA Media Inc that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. KNA Media Inc reserves the right to substitute functionally equivalent new or serviceable used parts. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than KNA Media Inc.
KNA Media Inc MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THAT KNA Media Inc WARRANTS THAT SUCH PRODUCTS COMPLY WITH THE APPLICABLE PRODUCT DATA SHEET EFFECTIVE AT THE TIME OF SHIPMENT. Any claim with respect to such products must be made 100 days from the original date of shipment by KNA Media Inc and KNA Media Inc shall have no liability thereafter. All WARRANTIES cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than KNA Media Inc or a KNA Media Inc-authorized third-party service provider. KNA Media Inc will repair, replace, or provide a credit or refund of the original purchase price, for any product covered by the foregoing warranty that is determined by KNA Media Inc to be defective. KNA Media Inc reserves the right to substitute functionally equivalent new or serviceable used parts.
5. Limitations. KNA Media Inc MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND KNA Media Inc DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL KNA Media Inc BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. CLAIMS AGAINSTKNA Media Inc FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.
6. Return procedures. If product(s) from KNA Media Inc need to be returned for whatever reason, then customer shall return the product(s) to KNA Media Inc pursuant to the following terms: Customer must obtain a Return Merchandize Authorization number, must obtain, and complete &include a Merchandise Return Form with the returned merchandise. Returned products should be shipped to the following address:
KNA Media Inc Returns -- RMA#______
2519 W. Woodland Dr.
Anaheim, CA 92801
Customer shall return the products to KNA Media Inc in the original shipping clips and boxes, along with a completed Merchandise Return Form. If no form can be printed, please include a letter including the specific problem, Return Merchandise Authorization number, and if requesting a refund or replacement. Also please include your first and last name, address, phone number, and email address. This will help us expedite the solution to your problem.
• Before a refund or replacement(s) can be issued, products in question must be returned to KNA Media Inc.
• Items must be returned within 90 days of when order was received by customer.
• If no RMA # is included, no refund or replacement will be issued.
• Cartridges more than 30% used will not be eligible for a refund or re-shipment.
• Customer is responsible for return shipping charges for items returned to us.
• If you do not state whether you desire a refund or a replacement, a replacement will be issued.
KNA Media Inc will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information including tracking numbers, until your account has been credited by KNA Media Inc or replacement product is received. KNA Media Inc cannot be held liable for any lost packages that are not given any type of tracking number or documentation. If KNA Media Inc determines that failure of the product(s) was not a result of a defect in materials or workmanship, KNA Media Inc reserves the right to charge the customer for parts and labor at KNA Media Inc' current labor rate, or charge customer a 20% restocking fee. KNA Media Inc will advise customer prior to assessing these charges.
7. Undelivered Products. A 25 business day waiting period is required before any product shall be present at the discretion of KNA Media Inc, per customer request. If a customer order is shorted any items, customer shall contact KNA Media Inc within a period of 4 business days from the date of package receipt to notify of shortage. Failure to do so within this time period, and KNA Media Inc shall have no liability thereafter.
8. Assignment. Customer may not assign his/her rights or obligations hereunder without the express prior written consent of KNA Media Inc.
9. Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
10. Governing law, jurisdiction and costs. This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and Goaudioshop.com are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorney’s fees incurred.
11. Indemnity. By using the Site web sites you agree to indemnify Company and the Company Umbrella and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Company or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
12. Electronic Communications. When you visit Goaudioshop.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of KNA Media Inc or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of KNA Media Inc and protected by U.S. and international copyright laws. All software used on this site is the property of KNA Media Inc or its software suppliers and protected by United States and international copyright laws.
14. License and site access. KNA Media Inc grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KNA Media Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KNA Media Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KNA Media Inc without express written consent. You may not use any Meta tags or any other "hidden text" utilizing KNA Media Inc's name or trademarks without the express written consent of KNA Media Inc. Any unauthorized use terminates the permission or license granted by KNA Media Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Goaudioshop.com so long as the link does not portray KNA Media Inc, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KNA Media Inc logo or other proprietary graphic or trademark as part of the link without express written permission.
15. Your account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KNA Media Inc does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Goaudioshop.com only with involvement of a parent or guardian. KNA Media Inc reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
16. Risk of loss. All items purchased from KNA Media Inc are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
17. Product descriptions. KNA Media Inc attempts to be as accurate as possible. However, KNA Media Inc does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KNA Media Inc itself is not as described, your sole remedy is to return it in unused condition.
18. Pricing. Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by KNA Media Inc, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
19. Reviews, comments, communications and other content. Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. KNA Media Inc reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant KNA Media Inc a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KNA Media Inc and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. KNA Media Inc has the right but not the obligation to monitor and edit or remove any activity or content. KNA Media Inc takes no responsibility and assumes no liability for any content posted by you or any third party.
20. Disclaimer of warranties and limitation of liability. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by KNA Media Inc on an "as is" and "as available" basis, unless otherwise specified in writing. KNA Media Inc makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the fully extent permissible by applicable law, KNA Media Inc disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KNA Media Inc does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from KNA Media Inc are free of viruses or other harmful components. KNA Media Inc will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
21. Applicable law. By visiting www.Goaudioshop.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KNA Media Inc.