Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING FROM KISMET GEAR.

All visitors, members, &/or users of this website or mobile website agree that access to and use of this website, purchasing the products available on this website, and conducting business with this website, Kismet / Kismet Gear, and its owners, are subject to the following terms and conditions described herein and all terms incorporated by reference. If you do not agree to these terms and conditions, please do not use this website, or purchase products from this website or Kismet Gear.

TERMS OF SALE
All sales from this website are sold by Kismet, Kismet Gear. The following terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from Kismet, Kismet Gear, whether through this website, Paypal, Facebook, email, etc. These Sale Terms are subject to change without prior written notice at any time, in Kismet Gear’s sole discretion. By placing an order with Kismet Gear, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Kismet Gear, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
DELIVERY / TURN AROUND TIME
Due to the fact that all of our products are hand-crafted, to order, please allow minimum 6-8 weeks for us to create your gear. That said, creation time can change at any moment. Not because we’re bored or want to mess with you. Sometimes, materials aren’t available right away, there’s a ton of orders in our queue, etc.

RETURNS & EXCHANGES

Your Kismet Gear is beautiful, rugged, functional art, that’ll withstand the test of time and all your crazy adventures. Rugged art isn’t made of cheap materials and isn’t made fast either,  so we’re not able to accept returns or exchanges.Please make sure you’re totally happy with the choices you’ve made before you order. Make sure you’re following our sizing guide, and double check your measurements.Due to the extensive amount of time and high costs of materials that go into each product made, all sales are final.

LIFETIME GUARANTEE

We think it goes without saying, but we’ll say it anyway. All Kismet Gear are fully guaranteed against defects in materials and workmanship.This includes:

  • Hardware
  •  Leather
  •  Renegade Strap
  •  Fasteners
  •  Snaps
  •  Maintenance

Yes, all Kismet Gear, meaning Collars, tags, leashes, belts, or whatever else you might have dreamed up for us to make you.For tags & metalwork, your engraving is also guaranteed to not fade, or break. Should the coloring come out, we’ll gladly re-ink it for you. While we doubt you’ll need it, we also guarantee against rust, and even embellishments falling out.

What isn’t covered under your Guarantee?
We cannot fix or replace any gear that has been chewed, misused, cared for incorrectly, or tampered with. For example, allowing your dog to use its’ collar as a chew toy, or deciding to use your leash to tow your car.
All Kismet Gear is made for everyday adventures, including regular leash walks, hiking, biking, swimming, and even dog sports. While our dog collars are tough, they’re not made for tie-out or all day kenneling. This ages the materials rapidly and shortens its lifespan, thus, we are unable to cover it under our Guarantee.
Cleaning services are also not covered. Please, clean your gear before you send it in. We can’t service dirty items and will simply send them back to you to be cleaned first.
Who pays for shipping?
We’re happy to fix or maintenance your gear free of charge, but we do ask you cover the costs involved with shipping gear to and from us, with a tracking number.

WARRANTY LIMITATION OF LIABILITY

Kismet Gear will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. To the full extent permitted by law, Kismet Gear’s liability shall be limited to the amount actually paid for the purchase of products from this website.

YOUR ACCOUNT

When you purchase from https://kismetgear.com, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.

COPYRIGHT

All content included in this site, including but not limited to text, graphics, designs, photos, art, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of https://kismetgear.com, unless noted otherwise. The collective work includes works that are licensed to https://kismetgear.com. Copyright 2014, https://kismetgear.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with https://kismetgear.com or purchasing https://kismetgear.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with https://kismetgear.com or to purchase https://kismetgear.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by https://kismetgear.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of Kismet Gear, or https://kismetgear.com, used in the site are trademarks or registered trademarks of Kismet Gear, or https://kismetgear.com

WARRANTY DISCLAIMER

This site and the materials on this website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kismet Gear disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kismet Gear does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kismet Gear does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Kismet Gear, it’s owners, associates, and employees,  shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kismet Gear has been advised of the possibility of such damages.Kismet Gear’s and your maximum liability to the other, INCLUDING WITHOUT LIMITATION LIABILITY UNDER ANY EXPRESS OR IMPLIED WARRANTY, is limited to the purchase price you paid for the Kismet Gear’s Product.  Neither you nor Kismet Gear are liable to the other if you or it are unable to perform due to events you or it are unable to control, such as acts of God, or for property damage, personal injury, loss of use, or other consequential, punitive, or special damages, however caused, whether for breach of warranty, tort (including negligence), strict liability or otherwise, other than those damages which are incapable of limitation, exclusion or restriction under applicable law. Some jurisdictions do not allow limitation OR EXCLUSION of incidental or consequential damages, so the above limitations or exclusions may not apply to you in whole or in part.

TYPOGRAPHICAL ERRORS

In the event that a Kismet Gear’s product is mistakenly listed at an incorrect price, Kismet Gear reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kismet Gear reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kismet Gear shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing Kismet Gear’s website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kismet Gear &/or https://kismetgear.com without notice at any time, for any reason. The provisions relating to Returns and Exchanges, Turn Around Time, Warranty, Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Kismet Gear or https://kismetgear.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kismet Gear or https://kismetgear.com.
MISCELLANEOUS
Your use of this website shall be governed in all respects by the laws of the state of Florida, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kismet Gear’s products) shall be in the state or federal courts located in Osceola County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kismet Gear’s products) must be commenced within one (1) year after the claim or cause of action arises. Kismet Gear or https://kismetgear.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kismet Gear or https://kismetgear.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the https://kismetgear.com website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kismet Gear’s employee or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may 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.
PARTICIPATION DISCLAIMER
Kismet Gear or https://kismetgear.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kismet Gear or https://kismetgear.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kismet Gear or https://kismetgear.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kismet Gear in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kismet Gear, its owners, officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the https://kismetgear.com website using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Kismet Gear or https://kismetgear.com may link to sites operated by third parties. However, even if the third party is affiliated with https://kismetgear.com, Kismet Gear or https://kismetgear.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of https://kismetgear.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kismet Gear & https://kismetgear.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
PRIVACY POLICY
For our privacy policy, click here.

CONTACTING US

If you have any questions about these Terms & Conditions of use, the practices of this site, or your dealings with this site, please contact us at:Kismet Gear – hello @ kismetgear.com – kismetgear.com

These Terms & Conditions were last modified on March 25, 2019.

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