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Purchasing and Hold Harmless Agreement
Purchasing and Hold Harmless Agreement
 

Terms and Conditions of Use

Last Updated on July 11, 2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO USING OR ACCESSING THIS WEBSITE (www.fireworks.us). All users of this website (hereinafter referred to as the “Website”) agree that all access to and use of this Website shall be subject to the following Terms and Conditions and all applicable laws. If you do not agree with these Terms and Conditions, even in part, please do not use this Website.

BACKGROUND

Kaboom Enterprises LLC (hereinafter referred to as “Kaboom Enterprises LLC”, “Kaboom Enterprises” or “Kaboom”) operates and manages the Website. For interpretation purposes, all users of the Website shall be collectively referred to as “Users” or individually referred to as “you”, “your” and other similar expressions in these Terms and Conditions.

PRODUCTS AVAILABLE FOR SALE

The Website offers a wide range of Consumer (Class 1.4G) Fireworks and accessories (collectively referred to as the “Fireworks” or the “Products”) for sale and purchase. Users may purchase Fireworks by following the instructions set forth on the Website. Any purchase of Fireworks shall be governed by these Terms and Conditions as well as all applicable laws.

PURCHASING TERMS AND CONDITIONS

By placing an order for the Products using the Website (an “Order”), you agree to abide by the terms and conditions set forth herein. Upon purchasing any Products or placing an Order by way of the Website, you confirm, represent and warrant to Kaboom as follows:

You are at least eighteen (18) years old. If the age of majority is more than eighteen (18) in your country of residence, you confirm that you have reached the applicable age of majority in your country of residence.

You understand and acknowledge that Fireworks may contain hazardous properties. You recognize and agree that any improper usage of the Products may cause harm, loss of life or damage to persons or property.

You are legally entitled to receive, possess, store and use Fireworks. You are not barred or prohibited from receiving or using Fireworks in your country of residence.

You agree to use, store and handle the Fireworks in accordance with all applicable federal, state and local laws and regulations. You confirm that your usage of the Fireworks shall comply with all legal requirements and obligations regarding the possession, usage, and storage of Fireworks. You further confirm that you hold all necessary permits and licenses to possess, store, and use such Fireworks, if so required by your state, county or municipality of residence.

You agree to pay for any and all return fees, shipping and storage fees charged by Kaboom Enterprises in the event that your Order cannot be delivered or shipped to you for any reason, including due to your provision of the wrong address, your refusal of the delivery, or your failure to pick up your Order from the appropriate terminal, without limitation.

You agree that all terms, conditions, warranties and obligations contained in the present Terms and Conditions shall apply to all past, current and future Orders of Products from the Website. You further agree that except for the present Terms and Conditions, no other terms, agreements, forms, purchase terms or other documentation shall apply to your Order(s) of Products, unless otherwise stated by Kaboom Enterprises in writing.

By placing an Order for Products, you acknowledge and agree that you shall be bound by the entirety of the provisions set forth in these Terms and Conditions, as may be modified or amended from time to time. You acknowledge that Kaboom Enterprises’ fulfillment of your Order and provision of the Products ordered shall be subject and conditional upon your acceptance of these Terms and Conditions, in full and without restriction.

Any breach of these Terms and Conditions may result in the imposition of fines, charges and penalties as well as the cancelation of your Order and the confiscation of Products. If your Order fails to comply with these Terms and Conditions, Kaboom Enterprises reserves the right to cancel your Order, without notice, penalty or delay.

FINAL SALES

While Kaboom Enterprises may attempt to resolve any issues, at its discretion, you acknowledge and understand that all Product sales are final. The Products may not be refunded or credited by Kaboom. Subject to these Terms and Conditions, Kaboom Enterprises does not accept to refund an Order, under any circumstances or for any reason whatsoever. This is due to the hazardous material classification of fireworks by the DOT. As such, you recognize and agree that returns of Products are not accepted. Once an Order is placed, it is deemed final and may not be refused or canceled, except by Kaboom Enterprises.

    Chargebacks

In the event that you do initiate a chargeback with respect to an Order or Products, you shall be responsible for the repayment of the cost of the Order, the shipping fees, return shipping and a fixed amount as determined by Kaboom Enterprises, representing liquidated damages. The cost of the Order, other costs and the liquidated damages shall be payable and due to Kaboom Enterprises immediately upon your receipt of a written notice, and no later than five days from the date of the notice. Kaboom Enterprises shall cancel any pending or approved Orders placed with respect to your account until the cost of the Order, other costs and the liquidated damages have been paid in full and received by Kaboom Enterprises’ offices.

Failure to remit payment of the cost of the Order, other costs and the liquidated damages within five (5) days of the notice shall result in legal action being instituted against you, without further notice or delay. Kaboom Enterprises further reserves the right to send your account to collections, and you shall be responsible for all collection costs, legal fees and damages incurred.

ORDERS AND TRANSFER OF RISK

You hereby confirm having examined, to your full satisfaction, all relevant documentation and information pertaining to the Products and Kaboom’s policies, prior to placing an Order. Upon placing the Order, you agree to be bound by the payment obligations contained herein. By placing an Order, you agree to not, directly or indirectly, initiate any chargeback with your financial institution with respect to any payments made for an Order or to Kaboom Enterprises.

In the event that any Product ordered is unavailable, discontinued or back-ordered, Kaboom Enterprises reserves the right to substitute the Product ordered with an item of equal or greater value.

Once the Order is placed, the shipping address specified in the Order may not be changed. Further, you agree not to pick up the Order from the appropriate warehouse before having obtained Kaboom Enterprises’ prior written approval. To pick up your Order, you shall be required to provide a photo ID and your signature, unless otherwise indicated by Kaboom Enterprises. Kaboom Enterprises retains the right to force deliver any Order placed.

The Order shall become your sole responsibility once it leaves Kaboom Enterprises’ facilities. As such, the risk shall be transferred to you upon the Order leaving Kaboom’s facilities. Unless otherwise agreed, you shall be responsible for any lost, damages or unshipped Orders, provided the affected Order has left Kaboom’s warehouse or facilities.

Under these Terms and Conditions, you are strictly prohibited from refusing the delivery of your Order. Once the Order is delivered, you are expected to pick up and accept the Product(s) ordered.

In the event that you refuse the delivery of the Order, you acknowledge and agree that Kaboom Enterprises shall not issue a refund for the Order. You further understand that you shall be charged for all costs associated with the refusal, including shipping costs, storage fees, penalties and restocking fees, without limitation. You shall be fully liable for the entire cost of the Order, including shipping and all other applicable fees.

LOST OR DAMAGED SHIPMENTS ONLY

Kaboom Enterprises endeavors to have all orders shipped in excellent condition. Kaboom Enterprises inspects all orders prior to the shipment thereof, and has the orders shipped in boxes designed to protect Fireworks during shipment. Please note that Orders are shipped by a third party shipping company.

Kaboom Enterprises recommends that you inspect the Order immediately upon the receipt thereof, while the delivery driver is present. You are encouraged to take the time to thoroughly inspect your Order. If the exterior of any boxes is visibly damaged due to water damage, rips, major dents, or other damages of any kind, Kaboom Enterprises LLC recommends that you open the Order while the delivery driver is present and take note of any damaged Products. Please ask the delivery driver to identify and describe any damages on the delivery receipt prior to signing. This information shall be required in the event that you wish to make a claim for damaged Products.

Please contact Kaboom Enterprises LLC using the instructions and contact information listed on the Website, immediately upon your discovery of the damaged Products. Kaboom undertakes to collaborate with you to resolve the issue, using reasonable efforts.

In the event that you discover the Products have been damaged following your receipt of the Order and the departure of the delivery driver, please contact Kaboom Enterprises LLC to provide all pertinent details and information.

In all such cases, Kaboom Enterprises shall submit a claim to the shipping company. You understand that any partial refund granted shall be conditional upon the shipping company’s acceptance of the claim. If the claim is approved by the shipping company, Kaboom may offer you a refund or replacement Product. If the claim is refused by the shipping company, Kaboom shall not be offering any refunds, credits, returns or replacements of any kind.

COPYRIGHT

The entire content included in this Website, including but not limited to text, graphics and code, is copyrighted under copyright laws applicable in the United States and elsewhere. Such content is the sole and exclusive property of Kaboom Enterprises LLC. Copyright 2021, Kaboom Enterprises LLC. All rights relating thereto are strictly reserved.

The Website may also contain works, trademarks, texts and content of any kind that has been licensed to Kaboom Enterprises. Such works, trademarks, texts and content shall remain the property of their respective owners.

Users may not use Kaboom Enterprises’ trademarks and logos for any purpose other than to place Orders and in accordance with the terms set forth herein. You are permitted to electronically copy and print hard copies of portions of this Website for the sole purpose of placing an Order with Kaboom Enterprises LLC or purchasing Products offered for sale on the Website.

Subject to any restrictions or limitations applicable to specific materials, you may display, download or print portions of the material from the different areas of the Website solely for your own personal and non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless explicitly and specifically authorized by Kaboom Enterprises LLC. When using materials from the Website, you agree not to change or delete any proprietary notices displayed on or as part of the materials downloaded.

TRADEMARKS

All trademarks, service marks and trade names of Kaboom Enterprises LLC used, published or displayed on the Website are registered trademarks of Kaboom Enterprises LLC. Certain trademarks, service marks and trade names published on the Website belong to Kaboom Enterprises’ suppliers and are published to help Users properly identify and describe Products.

WARRANTY DISCLAIMER

This Website and the Products sold via the Website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kaboom Enterprises LLC disclaims all warranties in connection with the Website and Products, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

All Fireworks are sold as is and as available. The Fireworks are sold on the basis that they will be used properly according to the applicable user manual, all manufacturer instructions and laws and regulations. Kaboom Enterprises disclaims all warranties and specifically makes no warranty that the Fireworks are merchantable or fit for a particular purpose.

In addition, you acknowledge that Kaboom does not manufacture the Fireworks and is therefore unable to guarantee the performance thereof. You agree to assume all risks associated with the possession, storage, and use of the Fireworks purchased.

Kaboom Enterprises LLC does not make any warrantees or representations regarding the use of the materials or content published on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Certain states do not permit limitations or exclusions on warranties, and as a result, the limitations set forth in this section may not apply to you.

You acknowledge that the Products shall be delivered by a third party shipping company, and not by Kaboom Enterprises. Kaboom Enterprises cannot guarantee a particular delivery date or time for the Orders placed. The delivery time specified in your Order constitutes an approximation and may vary due to third party considerations, weather or other external factors beyond our reasonable control. There shall be no credits, refunds, or other compensation awarded for late deliveries or losses. You recognize that Fireworks do not constitute a time-sensitive product.

Kaboom Enterprises LLC does not represent or warrant that the functions available on the Website shall be uninterrupted or error-free, or that the defects shall be promptly corrected. Kaboom Enterprises does not warrant or represent that the Website or servers available are free of viruses or other harmful components.

LIMITATION OF LIABILITY

Kaboom Enterprises shall not be held responsible for any penalties, fines, fees, charges, or the confiscation of the Product as a result of erroneous or false information provided by the User.

Subject to the applicable laws in place, in no event shall Kaboom Enterprises be liable for consequential damages. Kaboom Enterprises LLC shall not be liable for any special, indirect, punitive, incidental or consequential damages, bodily injuries, losses, property damages, claims, fees, costs or damages that result from the use of, or the inability to use, the Products, even if Kaboom Enterprises LLC has been advised of the possibility of such damages.

TYPOGRAPHICAL ERRORS

In the event that a Product featured on the Website is listed at an incorrect price, Kaboom Enterprises LLC reserves the right to refuse or cancel any Orders placed for the Product listed at the incorrect price. Kaboom Enterprises LLC may cancel any such orders after the Order has been confirmed and the payment has been received. If your credit card has already been charged for the canceled Order, Kaboom Enterprises LLC shall issue a credit to your account for the full amount paid.

TERM AND TERMINATION

These Terms and Conditions shall be applicable to you as of your access and usage of the Website. These Terms and Conditions shall further apply to all purchases of Products and Orders placed on the Website.

These Terms and Conditions, or any part of them, may be amended, terminated or suspended by Kaboom Enterprises LLC without notice at any time, at its discretion.

Kaboom Enterprises may also terminate the account of any User who breaches these Terms and Conditions, and may cancel or refuse any Orders placed by a breaching User, without liability to such User. The provisions relating to Copyrights, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive the termination of these Terms and Conditions, and shall continue to apply to all Users, even once they have stopped using the Website, in full or in part.

NOTICES

Kaboom Enterprises LLC may deliver notices and written communications to you by way of e-mail, as a general notice on the Website, or by other reliable method to the address you have provided to Kaboom Enterprises LLC.

MISCELLANEOUS

These Terms and Conditions and your usage of the Website shall be governed by the laws of the State of Michigan, U.S.A., without regard to choice of law provisions. The application of the 1980 U.N. Convention on contracts for the international sale of goods is expressly excluded.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website, including but not limited to the purchase of Products, shall be introduced in the state or federal courts located in Monroe County, Michigan. Any cause of action or claim you may have with respect to the Website, including but not limited to the purchase of Products, shall be commenced within one (1) year of the occurrence of the claim or cause of action.

Kaboom Enterprises LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be operate as a waiver of any provision or right. Neither the course of conduct between Kaboom and you nor trade practice shall modify any of these Terms and Conditions. Kaboom Enterprises LLC may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

PROHIBITED USE OF THE WEBSITE

It is strictly forbidden for Users to engage in harassment of any kind on the Website, including via e-mail, chat, or by use of obscene or abusive language. Impersonation of others, including a Kaboom Enterprises LLC employee, host, or representative, as well as other members or visitors on the Website is strictly 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 Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Kaboom Enterprises LLC does not and cannot review all communications and materials posted to or created by Users accessing the Website. Kaboom Enterprises shall not in any manner be 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 Website, Kaboom Enterprises LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Website. Kaboom Enterprises LLC however reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right or (d) offensive or otherwise unacceptable to Kaboom Enterprises LLC.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kaboom Enterprises LLC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms and Conditions or any activity related to: (i) your account on the Website, (ii) your purchase of the Fireworks, (iii) your usage, possession, storage, and/or disposal of the Fireworks, (iv) your access and usage of the Website and/or (v) your negligent or wrongful conduct.

THIRD-PARTY LINKS

In an attempt to provide increased value to the Users, Kaboom Enterprises LLC may provide links to sites operated by third parties. However, even if the third party is affiliated with Kaboom Enterprises LLC, Kaboom Enterprises LLC has no control over sites operated by third parties. All such third party sites have separate privacy and data collection practices, independent of Kaboom Enterprises LLC. These linked sites are provided only for your convenience and you therefore agree to access them at your own risk. Nonetheless, Kaboom Enterprises LLC seeks to protect the integrity of its Website and the links placed upon it and requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).