Online Sales Agreement

The following is the terms of the agreement between TeKay Designs, Inc. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). Please review these terms carefully and ensure agreement prior to making a purchase:

1. Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes, shipping and handling.

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited. Copyright © 2001-2011 TeKay Designs, Inc. All rights reserved.

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

This Section 9 sets forth Buyer’s sole and exclusive right to return, refund or exchange.

For ready made products, exchange or store credit towards purchase of same or another item in stock will be issued for returned merchandise if item is returned within 7 days from delivery date in original condition, undamaged and unworn.

Clearance items are non-refundable however may be exchanged for another item in stock within 7 days from delivery date in original condition, undamaged and unworn. The Special Instructions on Order will usually provide additional details on the item including whether all sales are final. Final / Special Clearance sale items are non-refundable and non-exchangeable. Store credit - no cash refunds.

Custom-made products are non-refundable and non-exchangeable. A custom order is made to measurements provided by customer. All sales are final. The customer is responsible for providing accurate measurements.

Authorization from The Company is required prior to return. All packages should be mailed via insured and prepaid US Mail, Fed Ex or UPS (for your protection and to insure prompt delivery). Shipping and handling fees are not refundable.

Send returns to:
TeKay Designs
Attn: Return Dept.
P.O. Box 692454
Houston, TX 77269

If requested, we will gladly issue a refund or store credit for not delivering on time. For manufacturer's defect, we will gladly correct the defect at no cost to you.

10. Privacy Policy

We do not disclose your personal information to third parties. Personal information received are used for purpose provided including filling orders, responding to inquiries.

11. Security Policy

Safe - TeKay Designs provides a safe and secure shopping environment for our patrons. Most consumers are unaware that it is statistically safer to use your credit card over the Internet than in traditional stores and restaurants. These businesses use a multiple copy sales draft, which requires your signature. The employee now has access to not only your credit card number but signature as well. Internet transactions are performed electronically without a multiple copy sales draft making your purchase safer.

Secure - We utilize the latest in encryption technology, SSL (Secure Sockets Layer). SSL encrypts your credit card number by transforming the data into an unreadable format. Only an authorized processor can convert this information to complete the transaction.

12. Shipping and Delivery Policy

For ready made items, please allow 7 days from order date for delivery within the U.S.A. (unless otherwise specified on the order page). Express mail available for additional fees.

Signature required and insurance included with shipping. This excludes catalog items.

Custom made products are usually delivered within 2 weeks if made in the U.S. For custom made products made and shipped within the U.S.A., the average turnaround time for delivery on a rush order with express mail payment is 10 days provided all measurements are received with order and/or confirmed in a timely manner. Exceptions apply. We can expedite a custom made rush order for a shorter delivery timeframe as feasible.

Custom made items that are shipped from Ghana usually take 6 weeks for delivery. International rush order and express mail available for additional fees with average delivery turnaround time of 4 weeks. Exceptions apply. The customer is responsible for custom duties, fees, and/or taxes on international shipments. International mail incurs additional shipping and handling fee.

13. Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

14. Miscellaneous

This Contract shall be treated as though it were executed and performed in the State of Texas and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Texas (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of Texas and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

Online Disclaimer Regarding Hyperlinks
You will probably notice that we have linked our site to other Web sites. You should understand that this does not mean that we have looked at all these sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.

Online Copyright Protection Notice
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited. Copyright © 2001 - 2011 TeKay Designs, Inc. All rights reserved.