Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of KZ Store Fixtures. The collective work includes works that are licensed to KZ Store Fixtures. Copyright 2003, KZ Store Fixtures ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KZ Store Fixtures or purchasing KZ Store Fixtures products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KZ Store Fixtures or to purchase KZ Store Fixtures products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by KZ Store Fixtures. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of KZ Store Fixtures used in the site are trademarks or registered trademarks of KZ Store Fixtures


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KZ Store Fixtures disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KZ Store Fixtures does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KZ Store Fixtures does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
KZ Store Fixtures shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if KZ Store Fixtures has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a KZ Store Fixtures product is mistakenly listed at an incorrect price, KZ Store Fixtures reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. KZ Store Fixtures reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KZ Store Fixtures shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by KZ Store Fixtures without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
KZ Store Fixtures may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to KZ Store Fixtures.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of KZ Store Fixtures products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of KZ Store Fixtures products) must be commenced within one (1) year after the claim or cause of action arises. KZ Store Fixtures's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KZ Store Fixtures may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KZ Store Fixtures or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
KZ Store Fixtures does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, KZ Store Fixtures is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, KZ Store Fixtures reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to KZ Store Fixtures in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless KZ Store Fixtures, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, KZ Store Fixtures may link to sites operated by third parties. However, even if the third party is affiliated with KZ Store Fixtures, KZ Store Fixtures has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KZ Store Fixtures. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, KZ Store Fixtures seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


ADDENDUM FOR USED SHELVING ORDERS: PRICING: PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. While every effort is made to prepare our catalogs and Web Site as accurate as possible, manufacturers may go up or down after publication and pricing will adjust accordingly. USED ITEMS: USED ITEMS ARE SOLD 'AS IS' KZ Store Fixtures purchases store fixtures nationally, and these fixtures are meticulously inspected before resale. Every effort is made to get the best quality used fixtures to our customers. Items are used however, and no claims are made that these items will be totally free from defect. Customer understands that used items are as described, USED. Used Gondola Shelving: Please allow from 10 to 20 working days for orders to be completed. We do our best to complete all orders in a timely and meticulous manner. No cancellations on used shelving orders once they are placed. As described in gondola shelving product descriptions, trim covers and kick plates are provided only if they are available at time of order. SHIPMENTS REFUSED FOR NON-DAMAGED ORDERS: If customer refuses order upon delivery, customer is liable for 25% restocking fee plus transportation / shipment charges BOTH WAYS. SHIPPING: CUSTOMER PAYS ALL SHIPPING & CRATING CHARGES. All shipments are shipped FOB from all locations. KZ Store Fixtures does not set or control freight rates. We try to ship the most economical way, usually UPS. A $35.00 crating charge will be added for all showcases that are shipped out. When orders exceed UPS and FedEx Ground limits on size or weight we then ship Motor Freight or Common Carrier (PREPAID AND ADDED TO THE INVOICE). Shipments to Alaska and Hawaii are shipped UPS 2nd Day Air or FedEx. Sorry we do not use Parcel Post or Bus as a method of transport. SHIPMENTS REFUSED FOR NON-DAMAGED ORDERS: If customer refuses an order upon delivery, customer is liable for 25% restocking fee plus transportation / shipment charges BOTH WAYS. TERMS: WE ACCEPT ONLINE CHECK, VISA, MASTERCARD, PAYPAL PAYMENTS, CASHIER'S CHECK OR MONEY ORDER. WE DO NOT SHIP COD. CREDIT CARDS ARE SUBJECT TO ADDITIONAL PROCESSING FEES. RETURNS: NO RETURNS WITHOUT PRIOR AUTHORIZATION FROM CUSTOMER SERVICE. 1. Returns must be in original carton and be in new condition as determined by KZ Store Fixtures 2. Custom orders, Special orders, Imprint orders, Close-outs, and used items are NOT RETURNABLE. Refused Shipments for Non-Damaged Merchandise If a shipment is refused that is not the result of damages, the customer will be responsible to pay for the freight charges to deliver to them and the freight charges to return to KZ Store Fixtures. A credit will be issued for the merchandise only. Return Policy A Return Authorization Number is needed for any returns. 3. Merchandise drop shipped - Factory return policy applies. 4. Merchandise may be returned within 30 days of invoice with a 25% restocking fee. Merchandise received 31-60 days from invoice will incur a 35% restocking fee. NO RETURNS AFTER 60 DAYS. No Cash Refunds, Store Credit Will be Issued. 5. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING CHARGES ON RETURNS (OUTGOING AND INCOMING). DAMAGED MERCHANDISE: MUST BE REPORTED WITHIN 3 BUSINESS DAYS OF RECEIPT (CARRIERS WILL NOT HONOR CLAIM AFTER 3 BUSINESS DAYS.). RECEIVED VIA UPS OR FEDEX: When merchandise is discovered damaged after opening - call KZ Store Fixtures immediately to report damage.DO NOT RETURN MERCHANDISE YOURSELF. Keep original carton and all packing materials. Customer must file a claim with UPS. RECEIVED VIA MOTOR FREIGHT: If delivered damaged,note damages on both the drivers copy and your copy and have the driver sign both copies. YOU CAN NOW FILE CLAIM WITH THE CARRIER. If concealed damages are found, keep the carton and call the carrier for an inspection report. If we can be of any service to help file claims call our customer service. DO NOT REFUSE OR RETURN DAMAGED GOOD'S TO US. BACK ORDERS: IF OUT OF STOCK WE WILL BACK ORDER UNLESS OTHERWISE REQUESTED NOT TO. Separate shipping charges will be billed with each shipment. HANDLING CHARGES: WE WILL GLADLY FILL ANY SIZE ORDER. ALL ORDERS LESS THAN $25.00 WILL BE SUBJECT TO A $3.00 HANDLING CHARGE. $2.00 HANDLING CHARGE PER BOX ON ALL UPS AND FEDEX SHIPMENTS.