Business Terms

TERMS AND CONDITIONS

Please read the following carefully. This page (together with our privacy policy & website terms of service tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on TheKrazies.com or such other website which may replace it from time to time (our “website”) to you.

 

1. Abo​ut Us


This website www.TheKrazies.com is owned and operated by

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The Krazies
3665 Annandale Lane,
Suwanee

GA 30024

Email: info@TheKrazies.com

If you need to contact us please use the details above.

2. Make a contract with us

The following terms and conditions apply to all transactions between us and a consumer valid at the time of the order (i.e. for private use as opposed to business use), made through our online shop https://www.TheKrazies.com.

2.1. When you place an order with us by clicking the “BUY NOW” button or proceeding through and completing the 'checkout process', you are making an offer to buy goods which, if accepted by us, will result in a binding contract. We will acknowledge receipt of your order directly through an automatically generated e-mail (acknowledgment). This does not constitute acceptance of the offer. Receipt of payment from the customer's credit card also does not indicate our acceptance. The Krazies; reserves the right to return the payment to the customer if the offer is not accepted.

2.2. Once we have reviewed your order and checked product availability we will e-mail you again to confirm that we accept your order, No binding contract shall be created until the company has indicated its acceptance in writing or the company dispatches the goods to the customer (whichever shall occur first).

2.3. The company at its absolute discretion may accept or reject any order whether on account of the equipment no longer being available or for any other reason whatsoever.

2.4. Acceptance of delivery of goods shall be deemed conclusive evidence of the customer’s acceptance of these conditions.

2.5. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.

2.6. If we discover an error in pricing of the Products that you order we will notify you as soon as possible using the contact details you supplied to us when placing your order. We will then give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you within 7 days of our notice we will treat the order as cancelled. If you cancel, any payment made for the Products will be refunded in full. If you confirm, you must pay the difference before we despatch the Product.

2.7. By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.

3. Product availability

3.1. The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then The Krazie's shall not be liable to you for being unable to provide that Product.

3.2. If we are unable to supply a Product to you following our acceptance of your order as per clause 2.2, we will notify you as soon as we can. If we cannot supply a Product you will not be charged for it and we will refund or re-credit your account with the amount of your upfront payment.

​3.3. Certain Products advertised on the website (including but not limited to alcoholic beverages and dangerous items like knives) can only be purchased if you satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products. We reserve the right to request proof of age and not to supply Products to users that we suspect do not meet the legal age requirements.

4. Product descriptions

4.1. We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

4.2. Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.

5. How to an place order

5.1. You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. You can also close the internet browser to cancel the order process.

5.2. You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify.

5.3. You will be required to pay for the goods in full at the time of ordering.

5.4. All prices quoted on our website are in $ Dollars and exclude Tax at the current rate. There may also be shipping / delivery costs as per clause 5.2. Prices are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.

5.5. Promotional prices only apply during the period stated.

5.6. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.

6. Order process

6.1. The Krazies takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy & cookie policy.

6.2. You will be guided through the process of placing an Order by a series of simple instructions on the Website. The technical steps to place your Order and create a contract of sale between you and us are, as follows:

a) Select the desired goods

b) Confirm by clicking the button "add to cart"

c) Check the details in your shopping cart

d) Pressing the button "Proceed to Checkout"

e) You place an Order on the Website by pressing the 'Buy Now' button at the end of the checkout process

f) We will send you an email acknowledgement confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.

g) As your Order is shipped by us we will send you a despatch confirmation email. Upon sending this email, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.

h) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.

6.3. We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.

6.4. Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:

a) A product you ordered is out of stock;

b) We are unable to obtain authorisation for your payment;

c) We have identified an error with a Product Description or Price;

d) You are not eligible to order a Product, as set out in clause 3.3. above;

e) There is a system or procurement failure;

f) You fail our customer validation checks; or

g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.

7. Payment methods

7.1. You must provide full and accurate payment details (e.g. credit card, debit card or PayPal) at the point of submitting your order.

7.2. We will take payment from your credit card, debit card or PayPal account as soon as you place your order.

7.3. We currently accept Maestro, VISA, MasterCard, Visa Electron, Delta/Connect, PayPal and American Express and we use secure payment facilities for online purchases.

7.4. We only accept payment for Orders in ($) Dollars.

7.5. If your delivery address is outside of the USA and you place your order via the website you can pay in pounds sterling, Euros or USD by credit card or PayPal.

7.6. If you choose to pay for your Order using a payment card with a foreign currency denominated account, the amount will still be taken in ($) Dollars at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay. Please note that both charges and refunds shall only be made in ($) Dollars and we cannot be held responsible for any loss due to exchange rate fluctuations.

7.7. To ensure that shopping online is secure, when paying by credit or debit card your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also carry out additional security checks to confirm it is you making the order. In the event your card is declined please contact your card issuer to authorise the transaction.

7.8. All order details will be sent to the credit card billing address and not the delivery address if the name of the recipient of the order is different.

7.9. Where payment is made by you using methods other than Paypal, Visa/MasterCard or American Express there may be a delay to your order while we verify your age. Orders may also be subject to delay should we need to carry out additional security checks. Security searches may include: Electoral Roll, credit check, Experian FraudID, and bank - name and address checks.

7.10. By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.

7.11. Retention of Title

Title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Product(s)

8. Shipping

8.1. You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

8.2. Please note that delivery of your Order may take longer during sale or other busy periods.

8.3. Goods will normally be dispatched from our warehouse approximately within 1-3 Weeks and any estimated dispatch date is an estimate, which can change without notice.

8.4. The Krazies delivers to destinations inside and outside the USA. However there are restrictions on some Products for certain countries, for further information please visit Customer Service

8.5. For USA Delivery’s, we will normally deliver goods within 2-3 working days of dispatch. Delivery will be completed when we deliver the Products to the delivery address given in the order. The Products will be your responsibility from the completion of delivery. International Deliveries may take longer. Delivery’s to Europe normally take between 5-7 working days and Worldwide delivery is expected to take 7-10 working days. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to a country outside of the USA.

8.6. Delivery outside the USA may be subject to local import duties, custom duties or taxes which are your responsibility where they apply. Unfortunately we cannot advise you what these charges will be and The Krazies is not responsible for them.

8.7. You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the USA). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.

8.8. If you do not pay these local import/custom duties or taxes then the Product could be returned to The Krazies or possibly destroyed if too expensive to return. Please note, if this happens, we may not be able to refund your purchase. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you are in breach of any law in any such country.

8.9. We aim to deliver your Products by the estimated delivery date set out in the acceptance email and in any event within 30 days from the date of order or, in the case of pre-ordered Products, 30 days from the date of the despatch confirmation email. If we are unable to meet the estimated delivery date because of an event outside our reasonable control we will email to you a revised estimated delivery date.

8.10. ​​You own the Products once we have received payment in full, including all applicable delivery charges. You will be notified of the delivery charges when you place your order.

8.11. We will deliver the goods to the premises you specify on your order. You must be at home to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. 

8.12. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.

8.13. Disposal of packing materials is your responsibility.

8.14. After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to the warehouse and we reserve the right to charge you an additional re-delivery charge.

8.15. If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.

8.16. Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within a reasonable time. Packaging must be held for inspection at a later date.

8.17. If the goods are lost or damaged in transit, please let us know promptly.

8.18. Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.

8.19. Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

9. Contract cancellation

Cancellation before dispatch

9.1. If, for any reason, you wish to cancel your contract before your Order has been dispatched, then you need to let us know. In order to do so, you can either

a) Complete our online cancellation form by logging into your The Krazies Account under Orders & Returns.

b) If you placed your Order via the Website's guest checkout please visit https://TheKrazies.com and fill in the RMA Request form

b) Alternatively, you can let us know by emailing info@TheKrazies.com

c) Or by using the model right to cancel form (link here).

Once we have received notification by you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge of your Order within fourteen (14) days. For more information, please see our Refunds Policy below.

Cancellation after dispatch

9.2. As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched. If you decide to cancel your contract and your Order has already been despatched, then you need to let us know within fourteen (14) days after the day on which you receive your Order. You can notify us by using any one of the options identified above. Once we have received notification by you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to "How to return an Item" in our Returns Policy below.

For more information on how to do this, please see our Returns Policy.

10. Returns

10.1. Products must be returned in a saleable condition, in the same ‘as new’ condition as it was delivered meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. Goods must be resealed in their original unmarked packaging along with all original boxes, manuals, cables, software, blank warranty cards, packing, accessories and manufacturer’s literature. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals having been used, removed, broken or tampered with.

10.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides some non-exhaustive examples of Products you cannot cancel or return:

a) Products which have been made to measure, altered, or personalised to your specification;

b) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);

d) Hampers, food, beverages and other perishable goods, such as flowers;

e) Unsealed audio or video recordings (such as CDs, DVDs) or unsealed computer software; and

f) Unsealed beauty items including toiletries and cosmetics which have been opened, tested or partially used.

10.3. If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.

10.4. Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.

10.5. Please note that clauses 10.2. and 10.4. do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.

10.6. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.

How to return an item

10.7. If you have a Krazies;Account, you can return a Product or Order to us by taking the following steps:

a) Sign into your Krazies;Account via the Website.

b) Go to "Orders & Returns".

c) Select the Order number you would like to return.

d) Click on 'Return Items'.

e) Select the individual Product(s) and quantity or "Return all items". Please also select the reason for the return.

f) Click 'Continue'.

g) A returns address label will appear on screen, as well as being sent to your email address which you must print out and attach to the outside of your returns parcel.

10.8. If you placed your Order via the Website's guest checkout please visit https://TheKrazies.com and fill in the RMA Request form or contact us here or send an email to RMA@TheKrazies.com

Please note that we are not able to accept returns in person at our registered office address.

10.9. We may allocate you with a returns code which should be included with the package so that we can process your return.

10.10. You will be responsible for the returned Products until they reach us, you should retain your proof of postage.

10.11 This policy does not apply to goods ordered by businesses

11. Refunds

11.1. If you placed your Order online and paid for it to be delivered, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you by your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.

12. Faulty Goods Guarantee

12.1. If there is a problem with the goods, please notify us by email or in writing providing details of the problem. It is helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.

12.2. All goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.

12.3. The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.

12.4. If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked. 

The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.

12.5. Within this time scale we will replace defective goods free of charge, at our discretion, providing that you have returned to us any faulty goods upon request.

12.6. If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.

12.7. Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.

13. Warranty and Liability

13.1. The company does not manufacture the goods (or where the goods comprise computer software does not publish the software) and subject to the conditions set out below the company sells the goods with the benefit of the manufacturers or publishers warranty (as the case may be).

13.2. The company will repair or replace, at its discretion, faulty equipment, it will be the customer’s liability to pay carriage charges for returning goods to the company’s premises.

13.3. All goods are covered by a 12-month repair warranty for parts and labour only from the date of purchase (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

13.4. In the case where the equipment manufacturer offers onsite warranty, the customer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. The company will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs. The company will accept liability for defective goods only to the extent that the company is entitled to make a claim under the manufacturer’s or publisher’s warranty and obtain from the manufacturer or publisher a refund, credit or replacement in respect of the defective goods.

13.5. The company warrants that the goods will at the time of delivery correspond to the description given by the company. Except where the customer is dealing as a consumer, all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the customer warrants that the customer is satisfied as to the suitability of the goods for the customer’s purpose.

13.6. Any special needs relating to the specifications or standards required by the customer must be made in writing prior to the purchase of the related goods from the company.

13.7. The company does not replace any faulty items in advance without first being able to examine the faulty item(s) for themselves.

13.8. This warranty does not apply to any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by the customer or third party, any use other than recommended by the company, failure to follow the company’s instruction’s or any alteration or repair carried out without the company’s approval.

13.9. Any claim that any goods are not of the correct quantity or do not comply with their description shall be notified by the customer to the company within 7 days of their delivery.

13.10. The customer shall notify the company of any alleged defect within 7 days of delivery of the goods or in the case of any defect that is not reasonably apparent on inspection within 2 days of the defect coming to the customer’s attention.

14. Liability

14.1. The products sold on this website comply with all relevant USA legislation. We cannot warrant or represent that they comply with any legal requirement outside the USA.

14.2. Except as may be implied by law where the customer is dealing as a consumer, in the event of any breech of these conditions by the company the remedies of the customer shall be limited to damages which shall in circumstances not exceed the price of the goods and the company shall under no circumstances be liable for any indirect, incidental or consequential damages.

14.3. Where the company supplies driver disks for the purpose of loading drivers for various hardware devices it is the responsibility of the customer to check for any viruses that may be on the disks before they load them to any machine, we cannot be held responsible for any loss of business due to viruses on drivers or any software.

14.4. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

14.5. ​Please read the instructions, manuals and other user documentation that comes with your Products carefully. The Krazies is not involved in the manufacture of Products and will not advise on their use or operation or the manufacturer’s guidelines. We recommend that you use all Products safely and in accordance with the manufacturer’s guidelines.

14.6. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

15. Compatibility

15.1. Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of equipment prior to purchasing it. Customers are encouraged to check with the manufacturer’s websites and current literature for the latest revisions and compatibility of such goods.

15.2. All software items supplied are subject to manufacturers licensing agreement. The seal must not be broken if the conditions of the license are not acceptable.

16. General

16.1. The Krazies may revise these Terms from time to time. Any changes to our Terms will be notified on the website. You must check these Terms whenever you place an order with us.

16.2. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.3. You may only transfer your rights or our obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of any warranties we give to you under this contract to the recipient of the gift without needing to ask our consent.

16.4. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

16.7. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.8. In the event that any part of these Terms is held to be unenforceable, such part will at The Krazie's option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.

17. Notices

17.1. ​​All notices shall be given to us, by email or by post to our addresses provided at in clause 1.

17.2. All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in the USA or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.

18. Trade or Business Customers

The following conditions apply to orders placed by Trade or Business Customers.

18.1. Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by a Director or our company. We reserve the right to make cancellation and/or re-stocking charges of 15%.

18.2. Claims for missing or damaged items must be made within 2 days of delivery.

18.3. Except where the customer is dealing as a consumer, all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the customer warrants that the customer is satisfied as to the suitability of the goods for the customer’s purpose.

These terms and conditions do not affect customer’s statutory rights as contained in current legislation governing the relationship between customers and businesses.

19. Dispute

19.1. In the event of any dispute between the customer and the company, should the company request in writing; the customer agrees to submit the dispute to arbitration in accordance with the arbitration action for the time being in force as a legally binding alternative to court action.

20. Law and jurisprudence

20.1. These Terms and Conditions shall in all respects be construed and interpreted in accordance with the Laws of the State of Georgia. The parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in Gwinnett County, Georgia. This means a contract for the purchase of Products through TheKrazies.com and any dispute or claim arising out of or in connection with it will be governed by USA law.