Terms & Conditions
At King’sCart we focus providing high quality craftsmanship and excellent customer service are our top priorities. We want you to be satisfied with your experience with our company, so please carefully review all of our Terms and Conditions before placing your online order. If you have any questions or concerns, please contact us directly by any of the following methods:
TheKingsCart.com
6557 Garden Rd.
Unit #4
West Palm Beach, FL 33404
Toll Free: (888) 869-9153
E-mail: info@thekingscart.com
CONDITIONS OF USE:
By using this website you agree to all of the terms and conditions listed below:
Payment Terms & Terms of Sale:
- All Orders are subject to King’sCart express, written approval and/or execution of a fully executed written agreement, as applicable.
- All credit card transactions are processed in U.S. dollars.
- TheKingsCart.com accepts Visa, MasterCard, Discover, and American Express credit cards, checks and wire transfers. If paying by check or wire transfer, the order will not be processed until the check or wire transfer clears.
- TheKingsCart.com will process payment for approved orders received on weekends or holidays on the next business day. Business days are Monday through Friday, excluding federal holidays.
- Payment is due in full at the time of purchase. Orders will not be processed and Products will not be manufactured and delivered unless and until payment in full is received. The customer agrees that all Products shall remain property of TheKingsCart.com until payment in full is received.
- Prices listed online are subject to change without notice.
- TheKingsCart.com is not obligated to pay for labor or any costs for the Assembly or Fabrication of any product.
- The re-sale of King’sCart Products without King’sCart’s prior written consent is strictly prohibited.
- Many of TheKingsCart.com Products are subject to State and Federal copyright and trademark laws. The Client shall not take any actions that would violate any of King’sCart copyrights, trademarks, artisan liens, or other applicable common law or statutory rights.
Errors & Omissions:
- While we do our best to ensure that the pricing and product information on our website is accurate, occasionally typographical and informational errors occur. We apologize for any inconsistency, but reserve the right not to fulfill orders based on incorrect pricing or other information on all print or electronic media.
Sales Tax Policy:
- Unless a current resale certificate is provided for the state in which the work is being delivered to, King’sCart is required to collect sales tax for residential and commercial orders shipped within the State of Florida. Orders shipping to a location outside of the State of Florida are not subject to sales tax, subject to certain exceptions or changes to state legislation.
- If the Order requires King’sCart to deliver the Product to the Project Location (not utilizing third party ground or freight carrier services, King’sCart is required to charge and collect sales tax at the sales tax rate applicable in the State in which the Product is being delivered.
- If you are placing an order on behalf of a tax-exempt organization please call King’sCart at 561.907.6485 and provide a true copy of your organization’s state tax-exempt status. The organization or individual name on the Order and form of payment must exactly match the state tax-exempt certificate. King’sCart does not accept federal tax exemption certificates.
Cancellation & Return Policy:
- Cancellations, returns, or exchanges of any products are subject to a 15% Restocking fee if not due to King’sCart error or faulty/damaged items upon delivery.
- If King’sCart delivers a product that you did not order, you must notify us within five (5) business days from the date of receipt of the product. We will arrange for you to ship the product back to us in its original crate. King’sCart will pay for all shipping expenses and will deliver the correct product as soon as possible.
- After product has shipped, changes to orders usually are not possible. King’sCart will attempt to accommodate Client requests to change orders, but additional charges may be incurred and King’sCart reserves the right to reject such requests in its sole discretion.
Shipping & Damaged Merchandise:
- Items are shipped via Ground Service or Freight Carrier depending on size and weight.
- Items are sent Standard Shipping unless the customer requests a faster form of shipment prior to making their purchase online. Additional charges will be applied to the total invoice and may be charged separately from the initial product purchase to the customer’s credit card.
- Items shipped to customers outside of the United States of America may be subject to customs, brokerage import or other tariff fees. The customer is responsible for and shall pay all such fees. Contact King’sCart prior to purchase for a shipping estimate. If the customer does not contact King’sCart prior to purchase, all such additional charges and fees shall be billed separately from the initial product purchase to the customer’s credit card.
- King’sCart, is not responsible for any time guarantees in shipping and will not be responsible for any inconvenience or any monetary loss, penalty, or extra charge of any kind incurred by our customers should any delivery take longer than anticipated.
- Once your order has been prepared for shipment or has shipped, we are unable to change the shipping address.
Ground Service:
- All KingCart’s DIY Kits and Accessories are shipped via United Parcel Service (UPS), Federal Express (FedEx), United States Postal Service (USPS), or DHL. If the Client is ordering multiple quantities, the shipment(s) may be sent on a pallet(s) via freight carrier with curb side delivery.
- Items shipped via United Parcel Service or Federal Express delivery may not require a signature. However, if a signature is requested, please thoroughly inspect the contents of all packages for damage BEFORE signing for the delivery. Please be aware that once you sign for a package, ownership of the item is transferred to you; your signature also confirms that you have inspected the item and that it is in good condition. Damage to the packaging or to the product(s) must be immediately reported to the carrier. Please also notify King’sCart immediately (within 24 hours) of the damage so that we can start the claims process. Claims made after this 24 hour window may be denied. Save ALL packaging and products for the carrier to inspect (potentially at a later date) until you are given further instructions. You may be required to send photos of the damaged product or send the damaged product back to King’sCart.
- Failed Delivery Attempts – Most carriers such as UPS or Fedex make three attempts to deliver a package. After three delivery attempts, the carrier may return the package to the main terminal or to our facility at King’sCart. The customer will be billed for any additional charges incurred, including the cost to re-send the product(s).
Freight Carrier:
- All King’sCart products other than those listed above under “Ground Service” will be shipped on a pallet(s) via freight carrier. For residential deliveries, the freight company will normally contact you 24-48 hours in advance to notify you of a projected delivery window of time and will typically require you to be present at the time of delivery. King’sCart is not responsible for setting up this appointment. Missing a delivery may result in an extra delivery charge that must be paid by the customer.
- Please be aware that the driver is only required to deliver the pallets/crate(s) curbside. The definition of curbside will vary depending on the location and set up of your home or business. This may mean that the crate will be left in the street at the curb, at the end of your driveway or in the parking lot. Where the crate is left is at the discretion of the driver. It is your responsibility to move the crate from that drop off location to its final location. For larger items, you will want to have additional helpers available to assist the driver in unloading the crate off of the truck and also to help you bring the product(s) into your home. The driver will not bring the crate(s) into your garage or home or assist you in opening the crate(s).
- Due to the size of a freight carrier’s lift gate, King’sCart products with shipping lenghts over 7′ 5″ long purchased for a residence will need to be shipped to a local White Glove or Moving Company. This company should have the ability to receive the crate via a fork lift or loading dock and then deliver it to the Client’s home in a truck that has a ramp or others means of successful delivery. The Client is responsible to find, contact and pay the receiving company directly and provide King’sCart with the address and contact information of where to send the crate(s) to. King’sCart will not be liable for any damage done to the product(s) once it is received and signed for by the White Glove or Moving Company. This is not a requirement for residential and commercial locations that have a forklift on site or for commercial locations that have a loading dock.
Delivery by King’sCart (Locally, where applicable):
- If King’sCart and Client arrange for King’sCart to deliver the project to the project location (instead of shipping via third party ground or freight carrier), King’sCart will contact the Client at least 24 to 48 hours in advance to schedule a delivery date during normal business hours (Monday through Friday 8:30 a.m. to 4:30 p.m., excluding legal holidays). Upon completion of delivery, the Client will execute a product approval form.
- King’sCart shall not be liable or responsible for any damage done to the project caused by anyone who is not a King’sCart employee or sub-contractor, including homeowners, designers, contractors, or their respective employees, servants, or agents.
- Client shall provide King’sCart with a sufficient and safe means of access to allow delivery of the product to its final location at the project Site. It is Client’s responsibility to secure in advance any approvals from building management that may be required to effect delivery and to measure and confirm that the physical dimensions of available freight elevators, loading and unloading areas, hallways, door frames, and the like, are sufficient to accommodate the product.
- In the event Client is unable to provide sufficient or safe access for delivery of the product to its final location at the project Site, Client shall designate a secure location at or near the project site to which the product may be delivered by King’sCart, King’sCart shall have no further liability with respect to delivery of the product. If the product cannot be delivered for any reason, or if King’sCart is required to arrange for re-delivery of the product, Client shall be responsible for and shall pay all additional charges incurred thereby.
- Client authorizes King’sCart to take and retain photographs of the Project upon completion of the delivery. These photographs shall be the property of King’sCart, and the Client understands and agrees that King’sCart may utilize such photographs in the course of its continuing business operations, and its print and electronic media, including its promotional and advertising materials. Client shall not have any ownership or other rights in such photographs or in their subsequent use.
Durability & Appearance of Products:
Chipping/Scratching – With exception to KingCart’s DIY Kit items, our products come painted and powdercoated. The coating may chip if struck with another hard object. Scratches may form on your surface. This is an inherent result of our products being put to work/use. King’sCart is not responsible for repairing or replacing any products.
Product Image Disclaimer – King’sCart tries to provide the most accurate images available. However, due to variations in computer monitors and the various settings for both brightness and contrast, we cannot guarantee that the color represented in a product image on your monitor is exactly as it will appear in the physical world. The same holds true for all printed materials as well due to variations in the printing process.
Warranties, Limitations of Liability and Exclusive Remedies:
King’sCart warrants that its Products shall perform in a good and workmanlike manner in accordance with applicable standards; comply with any applicable laws, rules or regulations; and not violate or infringe upon any presently issued patent or copyright of any third party.
of any third party.
THE FOREGOING WARRANTIES ARE KING’SCART ONLY WARRANTIES CONCERNING THE PRODUCTS, AND ARE MADE FOR THE BENEFIT OF THE CLIENT ONLY AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
WHAT DOES THIS WARRANTY COVER?
This warranty covers all defects in workmanship and materials for King’sCart products, excluding the DIY Kit. This warranty only covers defects arising under normal usage. This warranty applies only to the original purchaser and is non-transferable. King’sCart DIY Kit offers no warranty.
WHAT IS THE PERIOD OF COVERAGE?
The coverage of this warranty lasts for a period of ONE YEAR from the original date of purchase (i.e. receipt or invoice date).
WHAT DOES THIS WARRANTY NOT COVER?
This warranty does not cover malfunctions, failures, or defects resulting from misuse, abuse, neglect, accident, alteration, or lack of proper maintenance. This warranty also does not cover modifications or repairs performed by others or entities. There is no warranty offered for the DIY King’sCart.
HOW WILL WE CORRECT THE PROBLEM?
We will either replace the product, or repair any defects in workmanship or materials, at our option. We will do so without any charge to you.
WHEN DO YOU NEED TO PAY FOR PARTS and LABOR?
You will need to pay for replacement parts, labor charges, and total freight charges after the one year limited warranty expires, and in all cases when the damaged or failed part has resulted from misuse, abuse, neglect, accident, alteration, lack of proper maintenance, or modification/repair performed by an entity other than an authorized service provider.
HOW TO OBTAIN WARRANTY SERVICE?
You will need to return the warrantied product, freight prepaid, along with an RMA (returned merchandise authorization) form and number obtained from our Customer Service Center. You may contact us at (561)907.6485 M-F 8am-5pm EST for assistance with your claim.
We reserve the right to make changes to this warranty. Any changes to this warranty will be posted.
KING’SCART SHALL HAVE NO LIABILITY OR OTHER RESPONSIBILITY TO THE CLIENT OR ANY THIRD PARTY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE ALLEGEDLY CAUSED DIRECTLY OR INDIRECTLY BY THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS, ANTICIPATORY PROFITS, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
Governing Law: King’sCart and the Client agree that this Contract shall be governed by the substantive laws of the State of Florida without reference to conflicts of laws principles. The Client consents to the jurisdiction of courts located within the State of Florida to resolve any disputes that may arise between King’sCart and the Client.
GENERAL
- If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions are, to that extent, deemed omitted, but this Agreement and the remainder of its provisions shall otherwise remain in effect.
- No provisions of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the parties.
- The waiver of one default under this Agreement shall not be deemed a waiver of subsequent or similar defaults.
- CLIENT EXPRESSLY WAIVES THE RIGHT TO A TRIAL BY JURY IN THE EVENT EITHER PARTY BRINGS A LEGAL ACTION TO ENFORCE RIGHTS UNDER THIS AGREEMENT OR TO RESOLVE ANY OTHER MATTES IN DISPUTE THAT MAY ARISE BETWEEN CLIENT AND KING’SCART.
- THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND TAKE PRECEDENCE OVER ALL PROPOSALS, CLIENT PURCHASE ORDERS OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE PARTIES. RECEIPT BY THE CLIENT OF PRODUCTS HEREUNDER SHALL BE DEEMED CONCLUSIVE EVIDENCE OF CLIENT’S AGREEMENT THAT THE PURCHASE, USE AND POSSESSION OF KING’SCART’S PRODUCTS IS GOVERNED EXCLUSIVELY BY THESE TERMS AND CONDITIONS.
Disclaimer:
By purchasing and assembling our products, you agree that King’sCart, its members, employees, and affiliates, cannot be held responsible for any accidents, liabilities, misuse of any of KingCart’s products, or any damages that may be caused thereby.
Website Privacy Policy:
This privacy policy tells you how TheKingsCart.com uses personal information collected on this website. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information that you provide will be used. We reserve the right to make changes to this policy. Any changes to this policy will be posted on this site. Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted on those sites.
Collection of Information:
TheKingsCart.com collects personally identifiable information, including names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. We will occasionally send you newsletters via email or mail to inform you of new products or special offers. At your request, we will remove you from our mailing list at any time. Phone numbers will only be used to contact you in regards to the order that you have placed and may be provided to the Shipping company to arrange for delivery. TheKingsCart.com does not sell or assign any personally identifiable information that it receives to any third parties.
Cookie/Tracking Technology:
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology is useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security:
Be assured that all of your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) will have access to this information.
Privacy Contact Information:
Your privacy is important to us so be assured that TheKingsCart.com does not sell any of our customer’s information with third party vendors. If you have any questions, concerns, or comments about our privacy policy, you may contact us by phone: 561.907.6485 or by email: info@thekingscart.com
