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Conditions of Use
Terms and Policies
Dated 04/05/2004
Privacy-Disclaimer and Copyright-Shipping Policy
Return Policy-Warranty and Limitation of Liablity-Other Issues
Welcome to Katzson Brothers, Inc.
Katzson Brothers, Inc. provides it's services to you subject to the following conditions. If you visit or shop at Katzson Brothers, Inc., you accept these conditions. Please read them carefully. In addition, when you use any current or future Katzson Brothers, Inc. service or visit or purchase from any business affiliated with Katzson Brothers, Inc., whether or not included in the Katzson Brothers, Inc. Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Privacy
This site is owned and operated by Katzson Brothers, Inc. Your privacy on the Internet is important to us. We want to make your experience online satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding how we obtain and use that information. This privacy statement discloses what information we obtain and how we utilize that information.
Katzson Brothers, Inc. gathers two types of information about users:
- Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our print catalog, electronic newsletters, specials and to place orders.
- Information Katzson Brothers, Inc. gathers through aggregated tracking information derived mainly by tallying page views throughout our site. This information allows us to better tailor our content to the users needs and to help us better understand the demographics of our audience.
USE OF INFORMATION
Katzson Brothers, Inc. uses any information given by our users to enhance their experience on our site, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide in order to send out electronic newsletters, specials or our print catalog. We may send out newsletters to subscribers on a regular schedule and occasionally send out special notices when we think subscribers might be particularly interested in something we are doing.
OPT-OUT POLICY
We give users options to Opt out to not receive our electronic newsletters, specials or print catalogs. YOUR CONSENT
By using this site, you consent to the collection and use of information by Katzson Brothers, Inc. and agree to the the Terms and Policies stated herein.
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. Katzson Brothers, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Katzson Brothers, Inc. only with involvement of a parent or guardian. Katzson Brothers, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in it's sole discretion.
Please read this disclaimer carefully.
(a) Information and Content
The information and content contained in this site are for preliminary and general information only and does not constitute legal, financial or other professional advice. You must not rely on any information or content contained in, or omitted from this site without obtaining independent advice.
(b) No Warranties or Representations
Katzson Brothers, Inc. makes no warranties or representations regarding the quality, currency, accuracy, reliability, performance, completeness or fitness for a particular purpose of any part of the information and content on this site, or on any pages or sites linked to this site. In particular, Katzson Brothers, Inc. does not represent or warrant that the information and content on this site, or the facilities that make it available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the site will be uninterrupted and you use this site at your own risk. To the maximum extent permitted by law, Katzson Brothers, Inc. is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from the use of this content and information.
(c) Links
Katzson Brothers, Inc. is not responsible for the information or content of any site accessed, or linked to, via this site. Links to other sites are provided for convenience only and do not represent any endorsement, sponsorship or approval of the products, or services offered by the site owner or the information or content on such sites.
(d) Copyright
The subject matter on, and accessible from, the Katzson Brothers, Inc. web site is the subject of copyright protection. All content included on this site, such as text, graphics, buttons, icons, images, etc. are the property of Katzson Brothers, Inc. With the exception of fair dealing permitted by the Copyright Act 1968, Katzson Brothers, Inc. grants users of the site permission to download and display Katzson Brothers, Inc. copyright material only for private purposes. For any other reproduction or use of Katzson Brothers, Inc. copyright material, permission must be sought directly from Katzson Brothers, Inc.. If provided, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part. Unless otherwise stated, Katzson Brothers, Inc. does not warrant or represent that the information on other web sites does not intentionally infringe on the intellectual property rights of any person anywhere in the world. Katzson Brothers, Inc. receives product information, product images and other information contained on this site from a wide variety of sources which include but are not limited to product manufacturers, vendors, news outlets, and search engines. Please notify us of any specific copyrighted images or content found on our site at admin@katzson.com and we will be happy to remove the content.
(e) Availability
Products and services referred to in this site are only available in the United States and in some cases may only be available in a particular State or locale. Nothing in this site constitutes an offer for the supply of goods or services, or a promise or representation that Katzson Brothers, Inc. will supply any goods or services.
(f) Electronic Communications
When you visit Katzson Brothers, Inc. 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 requirements that such communications be in writing.
(g) License and Site Access
Katzson Brothers, Inc. grants you a limited license to access and make personal use of this web site and not to download (other than browser page caching) or modify it, or any portion of it, except with the express written consent of Katzson Brothers, Inc. This licence doe 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 or 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 from Katzson Brothers, Inc. You may not frame or utilize framing techniques to enclose any content within this site whatsoever. You may not use any meta tags or any other "hidden text or code" utilizing Katzson Brothers, Inc. company name or product trademark names. You are granted a limited, revocable, and non-exclusive right to create a hyper link to the home page only of this site so long
as the link does not portray Katzson Brothers, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Katzson Brothers, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission. TOP^
WAREHOUSE LOCATIONS
Katzson Brothers, Inc. takes advantage of our 3 warehouses located in Denver, Colorado, Salt Lake City, Utah and Albuquerque, New Mexico. As such we are able to ship your order from multiple locations and get your order to you as quickly as possible.
SHIPPING APPROVAL
Your placing an order is your authorization to us to to ship your order as soon, and if the product(s) become available. You also authorize us to ship what is presently available and ship the remainder if and when it becomes available, at our discretion.
SHIPPING METHODS
We charge shipping costs based upon the shipment option that you select at Checkout. The following shipping option is available: UPS Ground Service
BACKORDERS
Sometimes the product you have ordered is currently unavailable at any of our warehouse locations. This item may not have been available either when you ordered it originally or another customer's order shipped ahead of yours may have depleted the available inventory. We apologize for this inconvenience.
Many backordered products are re-stocked within 3 - 10 days. Keeping this in mind, we will keep your order open and do our best to ship the product you ordered.
In some cases, the manufacturer may have a longer lead time than what they actually printed, committed to, etc. and thus the re-stocking of our warehouse(s) may be delayed for longer than 10 days. Again, we apologize in advance if this happens, but this is beyond the control of Katzson Brothers, Inc.. We always do our best to ship your order(s) as soon as we receive the item.
In some cases, the manufacturer may only produce a limited quantity of a specific item. This quantity may not be sufficient to satisfy all of the orders placed for a particular item either with Katzson Brothers, Inc. and/or our competitors. Katzson Brothers, Inc. will attempt to fill as many orders as we can, utilizing a “first in, first out” logic. We apologize in advance if we are not able to fulfill your order.
Finally, in some cases, the manufacturer may choose to discontinue an item, even though the channel has quite a few orders for a particular item. This will force us to cancel that item from your order. Again, this is beyond our control and we apologize in advance if that should happen.
If you would like an estimated time of arrival of when we believe the manufacturer will ship the backordered item (ETA date), please e-mail us at admin@katzson.com or telephone us at Toll Free 1 (800) 332-2417 for an update.
REFUSED SHIPMENTS
The easiest way for us to be able to handle a return for you is for you to accept delivery and then contact us about sending the item back. When following this procedure we can credit your account in just a few days. If you refuse shipment the product goes back to the delivery company and might not get back to us for 2 or 3 weeks. We cannot process your return until we receive the product.
We recommend that you accept delivery of the product and then contact us immediately for a Return Authorization (RA) Number.
On all shipments to customers, we incur shipping and handling costs. Of course, if the shipment is a result of an Katzson Brothers, Inc. error, we will issue a credit for all shipping and handling charges, and the item once it is returned to Katzson Brothers, Inc.. If through no fault of Katzson Brothers, Inc. the shipment is refused, we will charge your account these outbound shipping, handling and processing fees to recover the expenses we incurred. We also reserve the right to impose a 20% restocking fee.
RISK OF LOSS
All items purchased from Katzson Brothers, 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. TOP^
RETURN POLICY
GENERAL TERMS
Please note that all purchases are final.
Some products are not returnable under any circumstances - please see the important exceptions outlined below.
UNAUTHORIZED or REFUSED RETURNS
Katzson Brothers, Inc. will not accept unauthorized returns or exchanges. Packages without a Return Authorization Number will be refused upon return to our warehouse. Katzson Brothers, Inc. will impose a 20% restocking fee plus any applicable shipping and handling fees for refused shipments by the customer. Additional charges may apply if the merchandise is not returned in 100% complete condition in the original, unopened packaging.
The quickest way for us to handle a return is for you to accept delivery and then contact us about sending the item back. When you follow this procedure we can credit your account in a few days. If you refuse shipment the product goes back to the delivery company and might not get back to us for 2 or 3 weeks. We cannot process your return until we receive the product.
We recommend that you accept delivery of the product and then contact us immediately for a Return Authorization (RA) Number.
DEFECTIVE RETURNS
Defective returns will be accepted for exchange or repair, at our discretion, within 30 days from the shipment date. If there is no exchange or repair we have the right to impose a 20% restocking fee. No refunds or credit will be granted after 30 days, the terms of the manufacturer's warranty apply. Please contact the manufacturer directly.
A product must be diagnosed "defective" by a member of the Technical Support Staff at the manufacturer. Once it has been diagnosed, please ask for a case number and contact our customer service department for a return authorization number. In all events it is Katzson Brothers, Inc. sole and absolute discretion to replace the defective products or refund the amount paid less shipping charges.
Any return found to be non-defective, once our warehouse has inspected it, is subject to a restocking fee of 20% and all non-product-related fees (shipping and handling fees) are not refundable.
RETURN PROCEDURES
- Please call Toll Free at (800) 332-2417 to obtain a Return Authorization (RA) number before shipping your product. NO returns of any type will be accepted without a RA number. RA numbers are valid for 10 business days after issue and must be received in our warehouse within 30 days from the date of the invoice. Any returns will be refunded the lower of either the purchase price or current product price.
- For faster service, please have the following information on hand when calling for an RA number: customer name, invoice/order number, Item number and serial number (if applicable), and nature of the problem.
- Your RA number(s) must appear clearly on the shipping label on the outside of the return shipment. Please do not mark the box itself in any other way.
- We are not responsible for lost or stolen packages. All authorized returns must include a shipment tracking number. Subsequent to an approval authorization, a credit to an account or issuance of a check may take up to 30 days.
- Returns must be 100% complete, in original and resalable condition, with all original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, registration card(s), software, cabling and accessories. We reserve the right to refuse a return on any product that does not meet these requirements.
- Unopened/Unmarked Packages
Please notify the Katzson Brothers, Inc. Customer Service that the package has not been opened. If the order file shows that you are returning an unopened package, our warehouse will charge a 50% restocking fee if the item is returned opened.
- In all events the Customer is responsible for shipping and handling charges on all returned items.
- Katzson Brothers, Inc. strongly recommends that you fully insure your return shipment in case it is lost or damaged and use a carrier that can provide you with proof of delivery for your protection. TOP^
WARRANTY and LIMITATION of LIABILITY
WARRANTY DISCLAMER
The goods sold hereunder are not manufactured by Katzson Brothers, Inc. and are sold "AS IS" and "AS AVAIALABLE" and under their respective brands or trade names. The only warranty included is that made by the manufacturer if the manufacturer makes any. Katzson Brothers, Inc. makes no warranty of merchantability, fitness for a particular purpose or any other express or implied warranty whatsoever, except for title, as to any goods sold hereunder. There are no warranties which extend beyond the description on the face hereof. Katzson Brothers, Inc. has not made and does not make any representations, warranties, or covenants with respect to the condition, quality, durability, suitability or merchantability of the product in any respect, or any other representation, warranties or covenants expressed or implied of any of the items sold hereunder. No other warranties, representations or guarantees express or implied, accompany this sale. Katzson Brothers, Inc. is not liable for any incidental or consequential damages.
LIMITATION of LIABILITY
In all events Katzson Brothers, Inc. shall not be liable for any damages of any kind arising out of the sale of or use of the goods sold hereunder, including any incidental or consequential damages. In all events any claim of purchaser shall be limited to the contract price of any particular item not to exceed the total contract price. Katzson Brothers, Inc. has made a diligent effort to illustrate and describe the products on their web site accurately; however, such illustrations and descriptions are for the sole purpose of identification and not to express or implied a warranty that the products are merchantable, or fit for a particular purpose, or that the products will necessarily conform to the illustration sod descriptions. Katzson Brothers, Inc. reserves the right to correct publishing errors.
Katzson Brothers, Inc. attempts to be as accurate as possible. However, Katzson Brothers, 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 Katzson Brothers, Inc. itself is not as described, your sole remedy is to return it in unused condition. TOP^
OTHER ISSUES
PRICING
All prices are subject to change without notice. In the event that pricing changes or delivery is not made or cannot be made for any reason, the sole remedy to Purchaser shall be to cancel the order.
SITE and POLICY MODIFICATIONS
These policies also govern your visit to Katzson Brothers, Inc. We reserve the right to make changes to our site and policies at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WARRANTY SUPPORT
Should your item require warranty service or if it is missing parts, please contact the product manufacturer.
CREDITS
Credits will be issued after our warehouse receives, inspects, and processes your return; however, your credit card company determines when the issued credit will be reflected in your statement. Please allow one to two billing cycles.
BUSINESS USE
All purchases are made for business use and not for personal use.
APPLICABLE LAW
By visiting and ordering on or from Katzson Brothers, Inc. you agree that the laws of the State of Colorado , 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 Katzson Brothers, Inc.
DISPUTES
Any dispute relating in any way to your visit to Katzson Brothers, Inc. or to products you order and or purchase through Katzson Brothers, Inc. shall be submitted to confidential arbitration in Denver, Colorado, except that, to the extent you have in any manner violated or threatened to violate Katzson Brothers, Inc. intellectual property rights, Katzson Brothers, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado , and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. TOP^
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