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License
to Kilt LLC Terms and Conditions of Use PLEASE READ THESE TERMS AND
CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
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TERMS
AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING,
BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE")
OPERATED BY License to Kilt LLC YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
Important Information About This Legal Contract You agree
to this User Agreement, and all of its terms and conditions, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in
dtdistributing.com's sole discretion. By visiting, browsing, shopping, accessing
or otherwise using the Site after a change has been posted to the Site, the
Customer accepts that change. Customers should check this User Agreement and the
Privacy Pledge frequently
Acceptance of Contract Terms This User
Agreement, and all of its terms and conditions, constitute a legal contract
between you and License to Kilt LLC (References to "you" or "your" shall relate
to a customer of dtdistributing.com or other party that visits, browses, shops,
accesses or otherwise uses the Site (the "Customer"); references to "License to
Kilt" shall relate to License to Kilt LLC, www.licensetokilt.com,
www.pipebandsupply.com, www.tartanwedding.com, www.propiper.com and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by License to
Kilt from time to time, do not use this Site. The material provided on this Site
is protected by law, including, but not limited to, United States copyright law
and international treaties. This Site is controlled and operated by License to
Kilt from its offices within the United States. License to Kilt makes no
representation that materials in the Site are appropriate or available for use
in other locations, and access to them from territories where their contents are
illegal is not authorized. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance with
applicable local laws. Any claim relating to, and the use of, this Site and
the materials contained herein is governed by the laws of the state of
Pennsylvania without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in Montgomery County,
Pennsylvania to hear any such claims.
Access, Interference and
Linking License to Kilt grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of License to Kilt. The following activity on
the Site is expressly prohibited: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by License to Kilt; collection or use of any product listings,
graphics, descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to those offered
on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use
terminates the license granted by License to Kilt and may result in prosecution
under applicable laws . You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long as
the link does not portray License to Kilt, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any License to Kilt logo or other proprietary graphic or trademark
as part of the link without express written permission. You agree by accessing
this site that all content herein is expressly copyrighted by License to Kilt
LLC and may not be used by permission except as described herein.
License
to Kilt does not review or control third-party sites that link to or from the
Site, and is not responsible for the contents of any third-party sites linked to
or from the Site.
Use Restrictions The copyright in all material
provided on this Site is held by License to Kilt or by the original creator of
the material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of License to Kilt or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without the prior written
permission of License to Kilt, "mirror" any material contained on this Site on
any other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes. All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. Copyright © 2008 License to Kilt
LLC.
Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other countries
and are used under license from Microsoft.
Limitation of
Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL LICENSE TO KILT LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF LICENSE TO KILT OR A LICENSE TO KILT AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with License to Kilt, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Norristown, PA. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy Please review our Privacy
Notice, which also governs your visit to 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. If you are under 18, you
may use the Site only with a parent or guardian. License to Kilt reserves the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion.
Communications to License to Kilt Any
communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by License to Kilt for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, License to Kilt is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to License to
Kilt or the Site for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such
information.
Copyright Complaints If you believe that your work has
been copied in a way that constitutes copyright infringement, please
contact: License to Kilt LLC PO Box 341 Wayne, PA 19087 Phone:
888-545-8007 email: drew@pipebandsupply.com
Disagreement with
These Terms and Conditions If you disagree with any of the terms and
conditions of this User Agreement, please do not visit, browse, shop, access or
otherwise use this Site.
License to Kilt LLC Terms and Conditions of
Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH LICENSE TO KILT LLC IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract This Sale Agreement is a legal contract between the Customer and
License to Kilt LLC. The Customer accepts this Sale Agreement by making a
purchase, placing an order, or otherwise shopping on the Site. (References to
"you" or "your" shall relate to the Customer; references to "License to Kilt"
shall relate to License to Kilt LLC and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement between
the Customer and License to Kilt relating to the purchase or sale of goods or
services on the Site. The Sale Agreement may only be modified or terminated with
regard to goods or services that have been purchased or sold on the Site in
writing by License to Kilt. Electronic records (including signatures), that are
otherwise valid, shall be accepted under the Sale Agreement. The Customer
consents to receiving electronic records, which may be provided via a web
browser or e-mail application connected to the Internet; consumers may withdraw
consent to receiving electronic records or have the record provided in
non-electronic form by contacting License to Kilt at the address provided
below.
In the event of any conflict between the terms and conditions
stated on your purchase order and this Sale Agreement or any terms and
conditions on our invoice, you agree that the provisions of this Sale Agreement
and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY
SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN MONTGOMERY COUNTY,
PENNSYLVANIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS
SALE AGREEMENT.
Title; Risk of Loss Title to goods herein being
purchased is retained by the seller until goods are paid for by the purchaser
and at that time title passes to the purchaser. Loss or damage that occurs
during shipping is Customer's responsibility. Title to software will remain with
the applicable licensor(s).
Export Sales If goods herein being
purchased are being purchased for purposes of export, the Customer must obtain
from the federal government certain export documentation before shipping to a
foreign country. In addition, manufacturers' warranties for exported goods may
vary or even be null and void for goods exported outside the United States. The
Customer should inquire further regarding any questions. Any and all liability
is only for the products purchased.
General Legal Disclaimer LICENSE
TO KILT LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY LICENSE TO KILT IN NO WAY
AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
Third-Party Product and Y2K Disclaimer All products
sold by License to Kilt are third party products and are subject to the
warranties and representations of the applicable manufacturers, including but
not limited to Y2K compliance. Accordingly, License to Kilt makes no
representation or warranty with respect to the Y2K compliance of products
sold.
Pricing and Information Disclaimer All pricing subject to
change. For all prices, products and offers, License to Kilt reserves the right
to make adjustments due to changing market conditions, currency exchange rates,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances. High volume bids are welcome! While
License to Kilt uses reasonable efforts to include accurate and up-to-date
information on the Site, License to Kilt makes no warranties or representations
as to the Site's accuracy. License to Kilt assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of Liability LICENSE TO KILTWILL NOT BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. LICENSE TO KILT WILL NOT BE
LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF PRODUCTS OR SERVICES, LICNESE TO KILT IS NOT LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY
CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), License to Kilt's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Norristown, PA. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes Orders are not
binding upon License to Kilt until accepted by License to Kilt. License to Kilt
reserves the right to cancel any order at any time and refund any monies paid by
the customer. Terms of payment are within the sole discretion if License to
Kilt. Invoices are due and payable within the time period noted on the invoice,
measured from the date of the invoice. License to Kilt may invoice parts of an
order separately. Customer agrees to pay interest on all past-due sums at the
highest rate allowed by law. The Customer is responsible for sales and all other
taxes associated with the order. Customers in other countries and jurisdictions
agree that any import duties, Value Added Taxes, PST, GST, QST, or sales taxes
due are the sole responsibility of the customer.
Freight
Policy Shipping and handling charges on all orders vary; contact your License
to Kilt account manager for our most current and competitive rates, options and
shipping specials. For the Customer's protection, we ship only to the verified
billing address of the Customer's credit card. In some circumstances,
international shipping may be available. Call for details.
Return
Policy The following refund policy applies to all products except those
stating their own refund policy with the product description:
License
to Kilt offers a 20 day return policy on all non-custom items. Bagpipes,
sporrans, kilts, handknit products, and jackets are considered made-to-order
items and are non-returnable except for manufacturer's defect. For further
information not listed, please contact your License to Kilt account manager.
Please call 888-545-8007 or 610-785-6330 or e-mail our Returns Department at
drew@pipebandsupply.com to obtain a Return Merchandise Authorization (RMA)
number before shipping your product. NO returns of any type will be accepted
without an RMA number. For faster service, please have the following information
on hand when calling for an RMA number: customer name, invoice number, item
description, and nature of the problem. All products returned MUST: be 100
percent complete in new, resaleable condition. They must contain ALL original
boxes and packing materials, have original UPC codes on the manufacturer boxes,
contain all manuals, blank warranty cards and other accessories and
documentation provided by the manufacturer. You are responsible for shipping
charges on returned items. License to Kilt strongly recommends you fully insure
your return shipment in case it is lost or damaged and you use a carrier that
can provide you with proof of delivery for your protection. If merchandise
arrives damaged: it is best to REFUSE it back to the carrier attempting
delivery. If you accept the package make sure it is noted on the carrier's
delivery record in order for License to Kilt to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify License to
Kilt immediately to arrange for a carrier inspection and a pick up of damaged
merchandise. If you do not notify License to Kilt of damaged goods within the
first 3 days of arrival, our regular return policy will override any claim of
damage, and will fall under all current manufacturer restrictions. Call
888-545-8007 or 610-785-6330 to arrange for carrier inspection and a pick up of
damaged merchandise. DEFECTIVE returns can be returned directly to License
to Kilt within 20 days from the invoice date, at License to Kilt's discretion
for: credit, replacement, exchange or repair. Manufacturer restrictions do
apply and are outlined in our detailed policy. Any item that is missing the UPC
can ONLY be replaced with the same item. After 20 days, all manufacturers'
warranties apply. NON-DEFECTIVE returns can be accepted directly by License
to Kilt within 20 days from the invoice date, at License to Kilt's discretion
for: credit, refund, or exchange. All non-defective returns are subject to a 15%
restocking fee. Non-defective returns of bagpipes, kilts, jackets, handknit
items, and sporrans are not permitted, due to manufacturer's policies.
License to Kilt reserves the right to authorize product returns beyond
20 days from the invoice date. Original shipping charges are not refunded on
returned items. Customers are responsible for all shipping charges back to
License to Kilt on returned items.
Special Products Return
Policy Only defective bagpipes, kilts, jackets, handknit items, and sporrans
can be returned to License to Kilt. Non-defective returns on these items are not
accepted. The return must take place within 20 days of invoice date After 20
days, the manufacturer's warranty applies.
Check payment
policy License to Kilt will accept a cashiers check or money order on all COD
orders. License to Kilt will accept business checks up to $20,000, subject to
verification. License to Kilt will accept personal and business business checks
for prepay orders, but allow an additional 10 business days for clearing.
Backorders and Items not in stock We attempt to ship all items within
2 business days from stock. In the event that we are out of stock on an item,
and expedited shipping (defined as Fedex Overnight, Fedex 2 Day, Fedex Express
Saver, UPS Overnight, UPS 2 day, UPS 3 day, or Express Mail) has been chosen as
the shipping method, we will contact you advising you of the delay. In the event
that non-expedited shipping is chosen (all other methods, including parcel post,
first class mail, Priority Mail, Fedex Ground, Fedex Home Delivery, or UPS
Ground) and the item that is out of stock is anticipated to remain out of stock
for more than 10 days from the date of your order, we will contact you to
advise you of the delay. In the event that you place your order on either
Saturday, Sunday, or after business hours, we will count the next business day
as the day of order for this purpose.
Credit Cards Credit card charges
are processed online after ordering the products and/or services. Credit card
orders from outside the USA incur an additional 3% card service charge applied
to the entire order and shipping cost. This is due to the percentage surcharge
imposed by our financial institution for accepting international credit
cards.
International orders of more than $500 US are welcome to make
payment via the interbank system known as SWIFT in US dollar currency without
the above mentioned surcharge. Please contact us for details on how to make this
payment should you choose this method.
If you have any questions, please
contact us at 888-545-8007.
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