ALL SALES ARE “FINAL SALES”, NO RETURNS OR EXCHANGES WILL BE ACCEPTED. THE CUSTOMER IS FREE TO INSPECT THE PRODUCT IN PERSON BEFORE BUYING.
When you make purchases from us using your major credit card, you agree to honor the terms and conditions of your cardholder agreement.
While we take every precaution to insure all products and pricing are correct on our website, mistakes do occur. Should you find a mistake please contact us. Prices and the availability of products and our services are subject to change without notice. Despite our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that your method of payment has been charged. Any disputes related to pricing will be resolved at our sole and complete discretion.
Certain technical difficulties or maintenance may, from time to time, result in temporary interruptions of the website. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the website, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of any function or feature of the website. You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the website, or to provide all or any specific content through the website. This section will be enforced to the extent permissible by applicable law.
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US AND/OR OUR ARE COVERED BY A 6-MONTH WARRANTY FOR PARTS AND LABOR IN THE UNITED STATES. WE WILL NOT SERVICE PRODUCTS OUTSIDE THE U.S. – SPARE PARTS WILL ONLY BE SHIPPED TO A CONTINENTAL U.S. ADDRESS.
WE SELL THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT THE USE OF ANY PRODUCT OR SERVICE OFFERED BY US IS AT YOUR SOLE RISK AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE WARRANTIES INCLUDE BUT ARE NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICE WILL BE FREE OF ERRORS OR DEFECTS, UNINTERRUPTED, TIMELY, OR SECURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS TO YOUR PROPERTY RESULTING FROM THE USE OF ANY PRODUCT SOLD THROUGH THIS WEBSITE.
Limitations of Liability
AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE FOR ANY AND ALL CAUSES WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE PAID OR PAYABLE TO US FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR PROFITS, DOWNTIME, LOSS OF USE, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR PROPERTY, HOWEVER, CAUSED, WHETHER FORESEEABLE OR NOT, AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THESE LIMITATIONS
WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, INDEMNIFICATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE AND
DETRIMENTAL RELIANCE, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, and hold us harmless from any claim, demand, action or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to your use of any service offered by us, and you warrant that you will not use the information that we have provided you in violation of any state or federal law. You further agree to indemnify, defend, and hold us harmless, in addition to holding harmless our parents, officers, directors subsidiaries, affiliates, employees, agents, and suppliers, and their respective affiliates, officers, directors, subsidiaries, employees, and agents, from any claim, cause of action, demand, liability, or damage, including reasonable counsel fees, made by any third party or governmental agency resulting from your use of any service that we have offered or your violation of this Agreement, including without limitation, interference with property rights, claims or suits for libel, violation of rights of privacy or publicity, trespass, violations of Federal or State Law, patent infringement, copyright infringement, trademark infringement, or plagiarism. We reserve the right to, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. Our assumption of such defense, however, shall not excuse any of your indemnity obligations.
Neither party will be liable for non-performance or delay in performance of any obligation (other than payment of monetary sums due) to the extent caused by events or circumstances beyond its reasonable control and without negligence on its part.
In the event of a dispute, you agree to try to resolve the dispute by first contacting us prior to taking any other action. Failure to do so prior to taking any other action will result in your breach of this Agreement. Any resolution of your dispute will be considered by us to be in good faith and you agree to abide by our decision. If you seek a remedy in a court of law, it will be your responsibility to pay for our legal fees. In addition, you agree to waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition, in the event of any breach or violation of this Agreement or any provision of this Agreement, we are entitled to enforce all of our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, including profits, the maximum amount of statutory damages under applicable statutes and Acts, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to those monetary payments set forth above and/or any amounts otherwise due pursuant to this Agreement. The Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New Jersey, United States of America, without regard to choice or conflicts of law principles. Further, you and we agree to the jurisdiction of Camden County, New Jersey to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with them).
For the avoidance of doubt, “You” does not include Kucht, llc., Kucht Outlet llc, or Kucht Care llc,and/or any of its parents, subsidiaries, directors, officers, affiliates, employees, agents and/or representatives.
The headings of this Agreement are only for convenience and shall not be used to construe the meaning of this Agreement or the terms herein.
This Agreement is effective as of January 1, 2023. We reserve the right to revise this policy or its terms from time to time without prior notice to you.
Other than as stated in this section or as explicitly agreed upon in writing between you and Us, this Agreement constitutes all the terms and conditions agreed upon between you and us and supersedes any prior Agreement in relation to the subject matter of this Agreement, whether written or oral.
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by us or any third-party beneficiary to enforce the Agreement or any provision thereof shall not waive our or the applicable third-party beneficiary’s right to do so.
We may assign the Agreement or any part of them, and we may delegate any of our obligations under the Agreement. You may not assign the Agreement to any third party.