TukTek Policies, Consumer Agreement and Dealer/Reseller Agreement
- Consumer Agreement
- Dealer/Reseller Agreement
The following Policies, Terms and Conditions apply to the use of this web site as well as all transactions conducted with KC Distributors Inc. outside this website.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of KC Distributors Inc. The collective work includes works that are licensed to KC Distributors Inc. Copyright 2015. ALL RIGHTS RESERVED.
TukTek and Love My Phone are both trademarks of KC Distributors Inc. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of KC Distributors. Galaxy S is a trademark of Samsung Electronics Company Ltd. iPhone is a trademark of Apple Inc. Amazon.com is a trademark of Amazon Inc. All brand, product, service, and process names appearing on this web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by KC Distributors. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of KC Distributors or any third party, except as expressly granted herein.
All retail purchases of KC Distributors products will be completed through the website of TukTek.com, Amazon.com, Retail Stores, Third Party Dealers/Resellers. Retail establishments, Online Merchants, Affiliates and Wholesalers may contact KC Distributors and inquire about Dealer/Reseller options.
Order fulfillment is based on product availability. If your item is back ordered you will be notified immediately. In the event that an item is out of stock or back ordered, we will not bill your credit card until the item is shipped to you. In the event that a payment has already processed, a complete refund will be issued. Orders may be shipped from different warehouses depending on availability and location.
Shipping and Delivery
Orders received before noon EST will ship same day. All retail purchases on the site TukTek.com will have a standard free shipping option where product orders under 2 lbs. will be shipped via USPS first class mail. Expedited shipping options are available for a calculated shipping fee. Orders over 2lbs. will ship UPS ground using standard free shipping or expedited for the calculated amount.
Dealers/Resellers will be charged shipping. Shipping costs will be added to final Invoice.
The consumer is responsible for applicable sales taxes. All TukTek.com retail orders in the state of Florida will be taxed the appropriate amount (6%). Amazon.com will collect appropriate state specific sales taxes from purchases of TukTek products on the site Amazon.com
Dealers/Resellers in the state of Florida who do not provide KC Distributors with a current copy of their tax exempt reseller certificate will be charged the appropriate amount (6%).
If you are dissatisfied for any reason you may return any merchandise to KC Distributors within 30 days of purchase for a full refund. Fill out the Return Form and ship the products to the address provided. Products kept for over 30 days without filling out the Return Form are considered final. Customers are responsible for the cost of return shipping. KC Distributors will cover the cost for shipping to replace items that were shipped incorrectly. If there are any questions about returns, feel free to contact us and we will do everything possible to make sure you are satisfied.
Customers returning TukTek products purchased from Amazon.com please follow Amazon.com’s return policy. For purchases made from retail establishments, online web stores and third party Dealers/Resellers please follow their return policy accordingly.
Orders must be cancelled in advance of ship date to qualify for a refund.
Customers must notify us of any order discrepancy within seven (7) days from the day you receive your order. All discrepancies will be investigated and resolved according.
KC Distributors Products are covered under our 6 Month Limited Warranty. All defective merchandise, are eligible for replacement within six (6) months from the original purchase date. Replacements are limited to manufacturing defects and do not include wear and tear or accidental damage during installation. For more info email firstname.lastname@example.org.
KC Distributors products are manufactured under ISO 9001:2008 and SGS certifications. All KC Distributors products meet ISO9001 standards (Quality Managements Systems). This standard is based on a number of quality management principles including a strong customer focus, the motivation and implication of top management, the process approach and continual improvement. Using ISO 9001:2008 helps ensure that customers get consistent, good quality products and services, which in turn brings many business benefits. Our SGS inspection, verification, testing and certification demonstrate that KC Distributors products, processes, systems or services are compliant with national and international regulations and standards.
Use Of Site
USE OF SITE, PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, KC Distributors Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the KC Distributors Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the site solely for your own noncommercial use, or to place an order with KC Distributors or to purchase TukTek products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of KC Distributors is strictly prohibited. Harassment in any manner or form on TukTek.com or any of the KC Distributors Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a KC Distributors employee, host, or representative or other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- Consumer Agreement
VOID WHERE PROHIBITED:
Although the information on this web site is accessible worldwide, not all products or services discussed in this web site are available to all persons or in all geographic locations or jurisdictions. KC Distributors and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of KC Distributors shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and KC Distributors Inc. with respect to this web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and KC Distributors with respect to this web site. No modification of the Terms and Conditions shall be effective unless it is authorized by KC Distributors. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
- Dealer/Reseller Agreement
Non Exclusive Rights to Sell
KC Distributors Inc. hereby grants to Dealers/Resellers the non-exclusive rights to sell TukTek™ products within the Policies, Terms and Conditions set forth in this agreement.
Dealer/Reseller will purchase TukTek product at the prices, terms and conditions located on the Price List in the Dealers Area on the TukTek.com site which may change at any time. In the event of a price change the Dealer/Reseller may cancel any unshipped or shipped orders by notifying KC Distributors (TukTek) within 10 days of the change.
In the event of a price decrease KC Distributors will credit Dealer/Reseller for all unsold products shipped to Dealer/Reseller within 30 days prior to such a price decrease by crediting Dealer/Reseller with the amount equal to the difference between the price at which such products were sold to Dealer/Reseller. Dealer/Reseller will supply KC Distributors with documentation confirming the quantity of unsold products and the prices paid for the same and provided that KC Distributors will have the right to audit during normal business hours the accuracy of such documentation. Orders received by KC Distributors after the effective date of a price change will be billed at the new price.
Orders may be placed on the site TukTek.com by filling out the Order Form, emailing email@example.com, or calling the phone number provided on the Dealers Area Page. Orders will be processed in the order received. There is NO MINIMUIM quantity on any order. Before placing order please check the Current Inventory list located on the Dealers Area Page. For help placing an order or for any questions about orders please contact us.
KC Distributors will drop ship orders for a flat $5 fee which includes USPS first class mail shipping up to 2 items per order. Drop ship orders containing more than 2 items will be charged the flat $5 fee plus additional shipping calculated at time of shipment.
Drop Shipments received before noon EST will ship same day via USPS or UPS (View Drop Ship Pricing Policy Above).
Please allow 1 business day for regular Dealer/Reseller orders to ship. Dealers/Resellers pay shipping costs associated with every regular order. KC Distributors will ship UPS Ground unless otherwise requested in the “Notes” section of the order form. Expedited Shipping is available upon request.
Dealers/Resellers will be charged shipping. Shipping costs will be added to final Invoice.
Dealers interested in 30 day net terms can apply if they have placed 1 orders and have an account older than 30 days.
If you are dissatisfied for any reason you may return any merchandise to KC Distributors within 30 days of purchase for a full refund. Products MUST be in NEW condition in the original retail packaging. Fill out the Return Form and ship the products to the address provided. Products kept for over 30 days without filling out the Return Form are considered final. Dealers/Resellers are responsible for the cost of return shipping. KC Distributors will cover the cost for shipping to replace items that were shipped incorrectly. If there are any questions about returns, feel free to contact us and we will do everything possible to make sure you are satisfied.
Please have all customers contact us directly for any warranty issues. KC Distributors Products are covered under our 6 Month Limited Warranty. All defective merchandise, are eligible for replacement within six (6) months from the original purchase date. Replacements are limited to manufacturing defects and do not include wear and tear or accidental damage during installation. For more info email firstname.lastname@example.org.
Rights of Buyer
Buyer shall have the right to inspect the inventory goods upon arrival and, within 5 business days after delivery, Buyer must give notice to Seller of any claim for damages or shortages, and buyer must specify the basis of the claim in writing. The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by buyer. Seller agrees that said goods upon delivery are free from any security interest, liability, lien or encumbrance.
Dealer/Reseller’s relationship to KC Distributors will be that of an independent contractor engaged in purchasing KC Distributors Products for resale to Dealer/Reseller’s customers. Dealer/Reseller’s and its employees are not agents or legal representatives of KC Distributors for any purpose and have no authority to act for, bind or commit KC Distributors. Dealer/Reseller and KC Distributors agree that this Agreement does not establish a franchise, joint venture or partnership. Any commitment made by Dealer/Reseller to its customers with respect to quantities, delivery, modifications, interfacing capability, suitability of Product, or suitability in specific applications will be Dealer/Reseller’s sole responsibility unless prior written approval is obtained from KC Distributors. Dealer/Reseller has no authority to modify the warranty contained in this Agreement or to make any other commitment on behalf of KC Distributors, and Dealer/Reseller will indemnify KC Distributors from liability for any such modified warranty or other commitment by Dealer/Reseller. This Agreement applies only to KC Distributors Products and Dealer/Reseller acknowledges that KC Distributors may market other Products, including Products in competition with those listed, without making them available to Dealer/Reseller. KC Distributors reserves the right to advertise, promote and sell any Product in competition with Dealer/Reseller as KC Distributors deems appropriate.
Dealer/Reseller will use its best efforts in good faith to promote, demonstrate and sell KC Distributors Products on a face-to-face basis in an end-user environment so as to create the largest volume of profitable business for KC Distributors, to ensure the highest quality of pre-sale and post-sale support to end-users and to promote the goodwill, name and interest of KC Distributors Products. Dealer/Reseller will train and maintain an adequate number of employees to properly promote, demonstrate, sell and provide post-sale support of KC Distributors Products, and to otherwise carry out its obligations under this Agreement. Dealer/Reseller will ensure that its employees complete appropriate training courses as scheduled by KC Distributors. Dealer/Reseller will sell KC Distributors Products only at its approved locations and only to end-user customers.
Trademark Usage and Licensing
From time to time, KC Distributors may designate one or more Company trademarks as available for Dealer/Reseller’s use, and will provide standards for that use, in KC Distributors materials. KC Distributors authorizes Dealer/Reseller to use these designated marks. Dealer/Reseller will use the designated marks according with these standards solely in advertising and promoting KC Distributors Products, in good taste and in a manner that preserves their value and KC Distributor’s rights to them. Dealer/Reseller will not use any Company trademark or trade name in any way that implies Dealer/Reseller is an agency or branch of KC Distributors. Dealer/Reseller will immediately change or discontinue any use as requested by KC Distributors. Dealer/Reseller has no right, title or interest in any KC Distributors trademark or trade name and is not authorized to use any KC Distributors trademark or trade name other than the designated marks. Any rights in any KC Distributors trademark or trade name acquired through Dealer/Reseller’s use belong solely to KC Distributors. Unless prior written consent is granted by KC Distributors, Dealer/Reseller will not copy or modify any materials supplied under this Agreement. Dealer/Reseller will not remove or omit any copyright notice contained in these materials. Dealer/Reseller is granted the right to distribute materials supplied by KC Distributors according to the license terms supplied with these materials. Dealer/Reseller may also use the materials for demonstration purposes also according to those license terms. Where the Product is designated as confidential or a trade secret in its license terms, Dealer/Reseller will safeguard the Product according to industry standards and applicable law, using the same degree of care to prevent unauthorized disclosure as Dealer/Reseller uses with its own trade secrets and those of other suppliers.
Duration and Termination
The term of this Agreement will begin upon your being approved as an authorized vendor, and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your website, all links to our site, and all trademarks, images, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Agreement. You are still eligible to receive vendor support until unsold inventory is liquidated, or warranty expires (whichever is less).
Dealer/Reseller agrees to maintain confidential and protect in the same manner that Dealer/Reseller protects valuable confidential information belonging to Dealer/Reseller any information furnished by KC Distributors that is labeled confidential.
Neither party will make any public announcement or issue any press release concerning the terms of this Agreement without the prior approval of both parties.
Neither party shall solicit for employment or hire the other’s current or future employees, either directly or indirectly, during the Term of this Agreement, without obtaining the other’s prior written approval. Should an employee change employment from one party to the other, the new employer shall pay the old employer a fee equivalent to Twenty Percent (20%) of the employee’s new compensation, annualized for the first year.
Governing Law & Jurisdiction
This agreement and the parties’ actions under this Agreement shall be governed by and construed under the laws of the state of Florida, without reference to conflict of law principles. The parties hereby expressly consent to the jurisdiction and venue of the federal and state courts within the state of Florida. Each party hereby irrevocably consents to the service of process in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party at its address set forth in the preamble of this Agreement, such service to become effective thirty (30) days after such mailing.
This Agreement, including the attached exhibits, constitutes the entire Agreement between both parties concerning this transaction, and replaces all previous communications, representations, understandings, and Agreements, whether verbal or written between the parties to this Agreement or their representatives. No representations or statements of any kind made by either party, which are not expressly stated in this Agreement, shall be binding on such parties. Any changes to this Agreement must be in writing and signed by the party against whom that writing is to be used.
Costs of Legal Action
In the event any action is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs of enforcement including, without limitation, attorneys’ fees and court costs.
Inadequate Legal Remedy
Both parties understand and acknowledge that violation of their respective covenants and Agreements may cause the other irreparable harm and damage, that may not be recovered at law, and each agrees that the other’s remedies for breach may be in equity by way of injunctive relief, as well as for damages and any other relief available to the non-breaching party, whether in law or in equity.
Any dispute relating to the interpretation or performance of this Agreement shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in Martin County, Florida in accordance with the then-existing rules of the American Arbitration Association. Judgment upon any award by the arbitrators may be entered by any state or federal court having jurisdiction. Both parties intend that this Agreement to arbitrate be irrevocable.
Delay is Not a Waiver
No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided in this Agreement, shall operate as a waiver of any such right, power or remedy
In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of any Act of God, strike, fire, flood, governmental acts, orders or restrictions, Internet system unavailability, system malfunctions or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party (a “Force Majeure Event”), the party who has been so affected shall give notice immediately to the other party and shall use its reasonable best efforts to resume performance. Failure to meet due dates resulting from a Force Majeure Event shall extend such due dates for a reasonable period. However, if the period of nonperformance exceeds sixty (60) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Agreement effective immediately upon such notice or at such later date as is therein specified.
Assignability & Binding Effect
Except as expressly set forth within this Agreement, neither party may transfer or assign, directly or indirectly, this Agreement or its rights and obligations hereunder without the express written permission of the other party, not to be unreasonably withheld; provided, however, that both parties shall have the right to assign or otherwise transfer this Agreement to any parent, subsidiary, affiliated entity or pursuant to any merger, consolidation or reorganization, provided that all such assignees and transferees agree in writing to be bound by the terms of this Agreement prior to such assignment or transfer. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
Non-Assignability & Binding Effect
Except as otherwise provided for within this Agreement, neither party may assign any of its rights or delegate any of its obligations under this Agreement to any third party without the express written permission of the other. Any such assignment is deemed null and void.
If any provisions of this Agreement are held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative upon all other rights and remedies described in this section and allowed under applicable law.
The titles and headings of the various sections and sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.