WELCOME TO KAYADENTALSUPPLIES.COM (HEREINAFTER REFERRED AS WEBSITE). THESE TERMS AND CONDITIONS (THE "TERMS") GOVERN THE RELATION BETWEEN ANY PERSON PURCHASING OR AVAILING ANY OF THE GOODS AND SERVICES OFFERED HEREIN, OR OTHERWISE USING THE WEBSITE FOR ANY PURPOSE.
BY CONTINUING TO USE THIS WEBSITE, YOU HEREBY AGREE AND ACCEPT TO BE BOUND BY THE TERMS CONTAINED HEREIN. HOWEVER IN THE EVENT YOU DO NOT AGREE TO THESE TERMS OR THEREBY BE BOUND BY IT YOU ARE ADVISED TO REFRAIN FROM FURTHER BROWSING THE SITE.
The terms 'You', 'Your', 'Customer', 'User' refer to you personally or any other such person using the Website. The terms 'Us', 'We', 'Ourselves' refer to the Website its owners, subsidiaries, Directors, employees. The terms "Party", "Parties" or "Us" collectively refer to the Users and the Website.
- The Website is a dental supply and prescription drug (collectively referred as the "Products") sales Website offering its goods and services to the US customer market.
- All services and Products being offered for sale on the Website are subject to their availability.
- The Website may at any time, in its sole discretion, withdraw or stop any further sales of a Product. The Website shall have no obligation to notify the Users prior to such withdrawal.
- All Products being offered for on the Website are for lawful purposes only. We do not endorse or encourage the use of any of the services or Products for any activity that is either unlawful or otherwise inconsistent with any law for the time being in force.
- Users are expressly prohibited from posting or otherwise publishing any content on the Website that is considered to be harmful, obscene, vulgar, pornographic, threatening, discriminatory, defamatory, libellous, fraudulent, abusive or otherwise unlawful including but not limited to any content that could give rise to criminal liability or civil liability.
- Users shall not post any content that is infringing upon or breaching any intellectual property rights, confidentiality, trade secrets or other proprietary rights of any third party.
- Users are prohibited from changing any of the content of the Website that would in any manner alter its functionality or layout or otherwise change any of the original features of the same.
- Using, compiling or publishing any content of others, without their consent is strictly prohibited.
- Under no circumstances shall Users access or attempt to access the accounts of any other User.
- Users shall not create or otherwise upload any viruses, malwares, worms, Trojans or any other form of coding that materially disrupts or attempts to disrupt the ordinary functioning of the Website.
- Users may upload or publish certain content only in such places designated for the same.
- Users shall refrain from using the Website as a means to market or sell any Product not being sold by us.
- Users shall ensure that all information provided by them is accurate, complete and true to the best of their knowledge and shall notify us of any changes to the same.
- Users registering on the Website shall be solely responsible for maintaining the confidentiality of their password and account.
- We may in our sole discretion block or restrict any User from availing the services or Products being offered.
- Users are expressly prohibited from creating any links to or from the Website without obtaining prior written consent.
- Users are advised to use caution while following any links that may be present on the Website and the Website cannot guarantee any level of safety while following such links.
- The Content, opinions or views present on the linked sites are not those shared by Us and do not endorse or support such content present on the linked site.
- Linking to any pages of this Website may extend but not limited to the Users account being deleted or blocking access to such User or cancellation of any purchases regardless of whether such purchase has been paid for or not.
- Payments for any of the Products purchased can be made through all major Debit and Credit cards, Paypal and Amazon.
- The Products shall be shipped to your address only on the complete payment for the Products purchased.
- Payment once made cannot be reimbursed unless in the event the prices vary or you have been charged any additional amounts.
- An additional shipping cost shall be charged to the User as delivery and shipment fee.
- Customers outside the territory of the United States of America may be charged higher shipping rates calculated in accordance with the terms of the shipping agencies employed by us.
DELIVERY AND SHIPMENT
- Products requiring a prescription are not available for delivery in North Dakota or Indiana.
- The Website avails the services of third party shipping and freight agencies to deliver the Product to your address.
- All orders placed shall be subject to a handling charge as levied by the shipping and freight agencies.
- The responsibility and related liability of the Products shall pass on to the shipping and freight agency once the Product has been loaded on to the shipper's dock. We shall not be liable for any loss or damage caused to the Products once it has been loaded on to the shipper's dock.
- Any additional taxes or fee incurred during the shipping and delivery of the Products shall be borne by the Customer.
- For the purchase of any controlled substance or Class II drugs, Customers shall be required to furnish the DEA verification certificate or the Federal 222 form for Class II drugs respectively.
- All returns must receive prior authorization from Kaya Dental. Please fill out the Return Form located in the Returns section of your account to obtain a Returned Goods Authorization (RGA). No goods will be returned without an RGA and only approved goods may be returned to our warehouse. You will not receive a credit or refund for goods returned without an RGA. If you have questions, you may contact our returns department at Returns@KayaDentalSupplies.com or call 877-484-4407.
- Once you receive your RGA, you must return the goods wtihin seven (7) days to the Kaya Dental Warehouse at: Kaya Dental Supplies Attn: Returns Department 407 New Sanford Road, LaVergne, TN 37087
- Returns for incorrect shipment or defective Products may be returned at any time without incurring shipping charges. The pickup and return shipping shall be arranged for by Kaya Dental Supplies Customer Service.
- Any products with an expiration date may be returned provided that such products have at least 6-months of remaining shelf-life. All returned goods must be in the original packaging and be free of any labels or other markings. Certain equipment returns may be subject to manufacturer restrictions
- Prescription pharmaceutical (pedigreed) products may NOT be returned unless shipped in error by Kaya Dental Supplies.
- Products returned within 30 days will not be assessed a restocking fee. Products returned after 30 days will be assessed the 25% restocking fee.
- A 25% restocking fee will be charged for any items returned at customer's discretion or due to customer ordering error. Products over 90 days may not be returned for any reason.
- Registered Users shall be eligible to participate in our Rewards program thereby entitling themselves to various offers, promotions and discounts.
- The terms of the Rewards program shall be as determined by the Website from time to time.
REPRESENTATION AND WARRANTIES
- WEHEREBY REPRESENT AND WARRANTS THAT ALL THE CONTENT ON THE WEBSITE ARE THOSE THAT BELONG SOLELY TO US OR FOR WHICH ALL NECESSARY APPROVALS AND LICENSES HAVE BEEN OBTAINED.
- ALL PRODUCTS BEING SOLD ON THE WEBSITE ARE ON AN AVAILABILITY BASIS AND NO WARRANTIES OR REPRESENTATIONS TO THAT EFFECT ARE MADE BY THE WEBSITE. THE SERVICES AND PRODUCTS BEING SOLD ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT ANY PRIOR NOTICE.
- THE WEBSITE DOES NOT GUARANTEE THAT THE SERVICES AND PRODUCTS BEING OFFERED SHALL BE CONTINUOUS OR OTHERWISE ERROR FREE OR WITHOUT ANY INHERENT DEFECT.
- UNDER NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, GOODWILL, SAVINGS OR BUSINESS, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- USERS HEREBY REPRESENT THAT ALL INFORMATION PROVIDED BY THEM IS TRUE, ACCURATE AND COMPLETE TO THE BEST OF THEIR KNOWLEDGE AND THE SAME DOES NOT INFRINGE UPON ANY OF THE INTELLECTUAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY.
- THE USERS FURTHER REPRESENT THAT ALL NECESSARY RIGHTS AND APPROVALS AND LICENSES HAVE BEEN OBTAINED WITH REGARD TO ALL OF THE INFORMATION PROVIDED.
- All User information shall be treated as Confidential Information and the same shall not be revealed to any person unless on obtaining prior consent.
- Certain information may however be disclosed to our service providers and shipping agents. Such information disclosed shall be only on a need to basis.
- We may use certain contact details to provide you with our newsletters, new Products, vouchers etc.
- Users shall not disclose any information they know to belong to someone else unless after obtaining their consent.
- Any and all content posted on the Website shall be that solely belonging to Us or for which all necessary approvals and licenses have been obtained.
- Users are prohibited from publishing, distributing or modifying any of the content present on the Website unless after obtaining prior written consent from the Website.
- Users shall be solely responsible for any content posted by them that infringes upon the Intellectual Property of any third party.
- Use of either the Website's logo, which is a duly registered trademark, is prohibited.
- The Website may, in its sole discretion, terminate the accounts, restrict the access, or initiate appropriate legal action of or against any person infringing upon the intellectual or other proprietary rights of the Website.
INDEMNITY AND LIABILITY
- Users shall indemnify or otherwise hold harmless the Website from any loss, damage or claim arising against it due any action or inaction by the User.
- In the event of any loss, damage or claim arising against the Website due to any links created to or from the Website, the same shall be indemnified or defended against by the User creating such link.
- In the event any User infringes upon the Intellectual Property or other proprietary rights of the Website or that of any third party, the User shall indemnify or otherwise hold harmless the Website from any resulting loss, damage or claim.
- In the event of any loss or damage caused due to any of the Website's content infringing upon the Intellectual Property of any third party, the Website shall indemnify the User from any resulting loss or damage.
- Under no circumstances shall the Websites liability exceed the value of the Products purchased by the User.
- The Website shall not be liable for any loss or damage caused to any User while following any links or advertisements present on the Website.
- We shall not be responsible for any breach or non-performance of its obligations if such breach or non-performance was a result of a Force Majeure event.
- Under this Terms Force Majeure shall mean any event beyond the control of the Parties which prevents either party from fulfilling any of its obligations under this Terms, including but not limited to Act of God (including fires, earthquakes, floods or other natural calamities), war, hostilities, invasion, rebellion, nuclear explosions, revolution or riots.
TERM AND TERMINATION
- The Terms as set forth herein shall continue in full force and effect throughout your use of the Website or till the completion of any purchases or pending orders.
- The Website may in its sole discretion terminate your account or restrict your access to the Website for any material breach of these Terms.
- The Website may make frequent communication with any or all of its Users with regard to the Products being offered, promotions, offers, and newsletters.
- However none of your personal contact details shall be disclosed to any party other than for the purposes of shipping and delivery or on obtaining your prior consent.
- Users may at any time choose to unsubscribe from these communications by notifying us of the same.
VARIATION AND SEVERABILITY
- These Terms are subject to change without any prior notification at the discretion of the Website.
- Such variation or modification shall be shown on the Website and it shall be the Users responsibility to familiarise themselves with the revised Terms.
- The Website shall not be liable for any loss or damage caused to the Users due to the User's lack of knowledge of the Terms.
- Prices of the Products are subject to sudden and unexpected changes and Users shall not be given any prior notice with regard to the same. The prices of the Products are not controlled by US and hence the same may be subject to sudden variations.
- A period of 10 days shall be granted for Users to familiarise themselves with the revised or varied Terms before the same shall be made applicable.
- If any part of these Terms is held to be illegal, invalid, or unenforceable under any present or future law, and if the rights or obligations of the Parties under these Terms shall not be materially and adversely affected thereby, (a) such provision shall be fully severable; and (b) these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof.
- Any leniency or delay shown by the Website in taking any action against the Customer in any of the matters amounting to breach or violation of any of the terms shall not be considered or interpreted as a waiver of the Website's right to take action or demand contractual damages at a later stage.
- In case of any grievances please contact us at Hello@KayaDentalSupplies.com or call 877-484-4407.
GOVERNING LAW AND JURISDICTION
- Any claims or disputes arising out of these Terms shall be governed by the laws of the State of Nevada.
- The courts of Washoe County, Nevada shall have exclusive jurisdiction over any claims or disputes arising out of these Terms.