2. Use of Platforms
2.1 The Terms apply to your use of and access to the Platforms including all orders submitted by you for any products or services made available by us for purchase over the Platforms. By accessing any of the Platforms you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing all of the Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Platforms.
2.2 Please note that these Terms do not affect your statutory rights as a consumer.
2.3 You agree that the information you provide when you register on any Platform is not misleading; that such information is true and accurate in all respects and you will notify our customer service team of any changes to that information.
2.4 We may change, withdraw, or suspend access to any Platform (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
2.5 The Platforms may include links to other websites or resources ("LINKED WEBSITES"). K-Star International Group Inc. has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Platforms, K-Star International Group Inc. is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore, K-Star International Group Inc. will not be responsible for any offense, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
2.6 K-Star International Group Inc. may deny you access to the Platforms for publication at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Platforms is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
2.7 Any material that you upload to the Platforms will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Platforms constitutes a violation of their intellectual property rights or of their right to privacy.
2.8 K-Star International Group Inc. will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Platforms and you hereby agree to be responsible to K-Star International Group Inc. for and indemnify, defend and hold harmless K-Star International Group Inc. and keep K-Star International Group Inc. indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by K-Star International Group Inc. as a result of any claim in respect of your use of the Platforms or any activity related to your account by you or any person other than K-Star International Group Inc..
2.9 K-Star International Group Inc. has the right to remove any material or posting you make on the Platforms in K-Star International Group Inc.'s sole discretion.
2.10 The Platforms and their services are not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Platforms or their services.
2.11 ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR K-STAR INTERNATIONAL GROUP INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You and K-Star International Group Inc. agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and K-Star International Group Inc. hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and K-Star International Group Inc. relating to these Terms or the Platforms (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and K-Star International Group Inc. agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you or K-Star International Group Inc. from seeking action by federal, state, or local government agencies. You and K-Star International Group Inc. also have the right to bring qualifying claims in small claims court. In addition, you and K-Star International Group Inc. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor K-Star International Group Inc. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or K-Star International Group Inc.'s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with K-Star International Group Inc.
3. Product Purchases
3.1 Acceptance of Orders
3.1.1 All information on the Platforms in relation to Products is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the "PRODUCTS") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:
(A) If Products are shown on the Platforms but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorization of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product.
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services; or
(f) If the delivery address you have provided is not a valid shipping address.
3.1.2 After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been shipped ("Shipping Confirmation"); or (ii) in the event (where such service is available) you have elected to collect the Products from a specified K-Star International Group Inc. store, we have sent you an email that the goods have been made available to the specified K-Star International Group Inc. store. Please note that the option to collect in store is only available in our physical location in South El Monte. Further information is available at our Shipping & Returns page.
3.1.3 Orders can also be placed by telephone in English, Mandarin, and Cantonese with our Sales team (Contact Us). Where you provide us with an email address, we will follow the process outlined in Section C (1.2) above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time.
3.1.4 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the My Account section of the Website ("SECURE ACCESS"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to any of the Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.
3.1.5 In the event prolonged inactivity causes your connection to any of the Platforms to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
3.1.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
3.1.7 You will be charged for Products (together with the relevant delivery charges, taxes, card processing or payment processing charges) when you have placed your order.
3.1.8 Item availability, prices and delivery options may vary depending on the shipping destination.
3.1.9 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Platforms may mean that the colors, measurements, and designs of the Products displayed on the Platforms and the Products received by you may differ in appearance in minor respects. We are not responsible for any such differences.
3.1.10 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
3.2.1 All prices of Products on the Platforms are stated in United States Dollars and are the price for the Products only. They do not include any applicable sales tax payable. They do not include the charge for delivery unless otherwise noted as included. Find out more about delivery charges at Shipping & Returns.
3.2.2 We endeavor to ensure that all pricing information on the Platforms is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Platforms, subject to our right to refuse an order pursuant to Section 3. 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Platforms, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.
3.2.3 K-Star International Group Inc. may vary the prices of Products listed on the Platforms at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Shipment Confirmation.
3.2.4 Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be responsible for payment of any such duties, fees, and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3.3 Payment Terms
3.3.1 The total cost of your order will be the purchase price for the Products, plus any delivery charges and applicable sales taxes.
3.3.2 We reserve the right to change the payment methods we are able to accept at any time.
3.3.3 Please note that we accept payment in United States Dollars.
3.3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card/payment method is valid and the inputted payment details are correct. All customers are subject to validation checks and authorization by the card issuer/payment method provider. If the issuer of your card/payment method refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer/payment method provider/bank as a result of our processing of your payment in accordance with your order.
3.3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the relevant Platform, the final price may be charged in the currency of your card or payment method. Such final price is calculated and charged by your card issuer/payment method provider /bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer/payment method provider charging you in a different currency other than the currency of your purchase as displayed on the relevant Platform.
3.4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
3.5 Delivery, Title or Ownership, and Risk
3.5.1 We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from our Platforms. Details of the locations to which we deliver are available from us on request.
3.5.2 Title in the Products will pass to you on the later of:
(A) the date on which we receive payment in full for such Products; and
(B) the date and time of collection of such Products for delivery to your nominated address or the designated K-Star International Group Inc. store, where you have elected to collect your order from a K-Star International Group Inc. store.
3.5.3 Once a Product has been received by you or collected by you (or your nominated third party) from the designated K-Star International Group Inc. store, where appropriate, all risk of damage to, or loss of, the Product shall pass to you. In the event that you elect to collect the Product from a K-Star International Group Inc. store, where that service is available, all risk of damage to, or loss of, the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the designated K-Star International Group Inc. store.
3.5.4 In the event that a Product is subsequently imported into a country other than (i) the country to which we delivered the Product in the event you elect to collect your product from a K-Star International Group Inc. store, where that service is available, other than the country in which the specified K-Star International Group Inc. store is located, or (ii) you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
3.6 Cancellation and Returns
3.6.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy stated in our Shipping & Returns page.
K-STAR will honor the parts warranty offered by the manufacturer.
Please see factory parts warranty information that accompanies your unit, or consult the appropriate product manual and the warranty page on our website.
If you require replacement warranty parts, K-STAR does not provide labor warranty, as you are acting as your own contractor.
K-STAR will help the customer obtain the needed parts under the manufacturer part warranty. After you send us the defective part, we will promptly send your replacement part.
Your licensed installer can also get warranty parts through local supply houses directly.
K-STAR can request a report from a qualified technician prior to issuing a warranty claim number on certain claims; including, but not limited to, Compressor Replacement, Motor Replacement and Heat Exchanger Replacement.
The distributor of K-Star Range Hoods in Canada and U.S.A. warrants that all the products purchased and used in Canada and USA shall be free from defects in material and workmanship for a one year period from the date of purchase.
If a Problem Should Occur during This Period:
Please refer to the "Trouble-Shooting" section in the Operating Instructions Manual.
If the problem persists, please contact the dealer from whom you bought the range hood. If necessary, instructions pertaining to the replacement or repair of the unit will be given.
Please represent the original invoice for any repair or replacement covered by the warranty.
All the costs of removal, installation and transportation of a defective range hood or parts will be charged to the customers.
All range hoods motors have 5 years warranty.
This warranty does not apply to the damages caused by misuse, poor installation, mistreatment, negligence, improper shipping, natural disasters, or any other circumstances beyond the control of the distributor. The damages caused by any repair carried out without the supervision of an authorized K-Star service is also not covered.
3.8 Age Requirements
3.8.1 If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
4.1 Intellectual Property
4.1.1 The Platforms and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the "Content"), is either owned or licensed by K-Star International Group Inc., and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.
4.1.2 The "K-Star" trade mark (three ribbons on top, one star in the middle, and two ribbons in the bottom) remain the exclusive property of K-Star International Group Inc. and is protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world. All such rights are reserved.
4.1.3 K-Star International Group Inc. grants you a limited right to access and use the Platforms and Content solely for your personal use. Unless otherwise specified on the Platforms, you may download Content displayed on the Platforms, and may use the downloaded Content, solely for your personal and noncommercial use. You may print any textual Content available for downloading on the Platforms, solely for your personal and noncommercial use. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between K-Star International Group Inc. and you, the Content and the Platforms shall remain the property of K-Star International Group Inc. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Platforms, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or the Platforms except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or the Platforms other than in accordance with these Terms or as expressly indicated in writing by K-Star International Group Inc. or on the Platforms.
4.1.4 You agree you shall not
(a) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of any Platform or its Contents;
(b) engage in spamming or flooding;
(c) remove any copyright, trademark or other proprietary rights notices contained on the Platforms or in the Content;
(d) harvest or collect information about the Platforms’ visitors or members without their express consent;
(e) cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
(f) sub-license, sell, reverse engineer, decompile or disassemble any portion of the Platforms or Content;
(g) bypass any measures used by us to prevent or restrict access to the Platforms or portions of the Website; or
(h) use the Platforms or Content for any unlawful purpose.
4.2.1 K-Star International Group Inc. endeavors to ensure that the information posted by it on the Platforms is accurate and complete. We do not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, we do not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. We recommends that all users of the Internet ensure they have up to date virus checking software installed.
4.2.2 We reserve the right to limit the availability of the Platforms and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.
4.3 Personal Data Protection
4.3.1 We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We do not sell or rent this information to anyone.
4.3.2 We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to schedule service or an estimate.
4.3.4 You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
In order to obtain a free estimate or to contact K-STAR via email, a user must first complete a short form. The user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. If you do not wish to contact us via email, you can write to us at our present address.
4.3.5 We take precautions to protect your information. When you submit sensitive information via the website, your information is protected. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information, which is kept in a secure environment.
4.3.6 This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites.
4.3.7 If you want to correct any inaccuracies in the information you have shared with K-STAR, please contact us.
4.4 Amendments to These Terms
4.4.1 We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, updating the Terms on the Platforms or posting a notice on the Platforms. Your continued use of the Platforms after such update or notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. The revised Terms or Privacy Statement will be effective when posted. If we make changes to these Terms or our Privacy Statement and you continue to use our Platforms, you are agreeing to the revised Terms and our Privacy Statement.
4.5.1 If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
4.6 EPA Regulations
4.6.1 Customers hereby acknowledges that federal law prohibits opening the refrigeration lines of any equipment purchase. A properly licensed person must handle the refrigerant contained in any unit or system. Customers hereby assumes full responsibility for the safe and proper installation in accordance with applicable local code requirements.
By placing an order on this Website, you are agreeing to these Terms & Conditions.