Terms and Conditions:
THIS APPLY TO ALL SALES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
HIGH RISK ACTIVITY
Products sold through the Punch King LLC website, catalog or otherwise, include equipment and gear for muay thai boxing, kickboxing, taekwondo and any other form of martial arts. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
ASSUMPTION OF THE RISK
By buying Punch King products, you understand and agree that martial arts, boxing, fitness, weight lifting and demonstrations are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Punch King, LLC including but not limited to equipment malfunction from whatever cause, or any other fault of Punch King, LLC. Additionally, you agree to indemnify, defend and hold Punch King, LLC harmless from any third party claims arising from such High Risk Activities or Martial Arts Weapons or any other Punch King product.
LIMITED REPLACEMENT WARRANTY
Punch King LLC warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Punch King, LLC sole liability is limited to repairing or replacing products that are returned prepaid to Punch King, LLC within this 90-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF PUNCH KING LLC. PUNCH KING, LLC NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOG OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE, THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, Punch King, LLC liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Punch King, LLC liability exceed the value of the products sold. Punch King, LLC shall not be liable for any special or consequential damages that result from the use of any product sold through this website or through its catalog. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through the Punch King website, catalog or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Punch King, LLC cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through the Punch King website, catalog or otherwise.
WHAT INFORMATION DO WE COLLECT?
If you choose to use the site you may be required to provide personal information and authorization. Specifically, you may be asked to provide the following:
- Mailing address
- Email address
- Credit card number
- Home and business phone and/or fax numbers
- Social Security Number
- Other personal information (i.e., mother's maiden name)
- IP address
In addition to providing the foregoing information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information received by mail and telephone. Punch King collects personal data (e.g. card number, expiration date, name, address, transaction amount, any chargeback data, IP address etc.) and this information is provided to PayPal for purposes of processing payment transactions and future fraud-scoring, detection and prevention services.
HOW DO WE USE THE INFORMATION THAT WE OBTAIN?
Broadly speaking, we will only use the personal information you provide to us or that is obtained through your use of the site to administer our business activities and provide customers the products and services they have requested. If you have supplied us with personal information, we may combine such personal information with information we gather from your use of site and other information that we may obtain from other sources to design and arrange the site in the most user-friendly manner and to continually improve the site to better meet the needs of our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to the site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards and are designed to safeguard the security and privacy of our customers' personal information. By visiting our website, third party advertisers such as AdRoll may place cookies on users' browsers for targeted advertising purposes. To learn how to opt out of receiving targeted advertising, please visit networkadvertising.org/choices.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Punch King, LLC reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
APPLICABLE LAW AND ARBITRATION OF DISPUTES
Your order from this website or from the Punch King catalog or partner website shall be governed in all respects by the laws of the State of California, U.S.A. without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The State of California's law governing “Sales,” as found in Title 12A of the California Statutes has specific application to goods sold by Punch King to you, subject to disclaimers and limitations of liability set forth herein. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from Punch King, LLC not exceeding $4500.00 will be in the small claims division of San Francisco, California. You agree that any dispute or controversy arising out of or relating to the purchase of goods from Punch King, LLC exceeding $4500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in California, as found in the California statutes at Title 12. Such arbitration shall occur in San Francisco County, California before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of Punch King products or any other claim related to the use of the website or catalog must be commenced within one (1) year after the claim or cause of action arises. Punch King, LLC failure to 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 nor trade practice shall act to modify any of these terms and conditions.
NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
The terms and conditions of all sales by Punch King, LLC provide that all disputes between you and Punch King will be resolved by BINDING ARBITRATION.
You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF San Francisco, CA.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
FOR MORE DETAILS, SEE ˝APPLICABLE LAW AND ARBITRATION˝ ABOVE.
PUNCH KING LLC
ATTN: WARRANTY, Order XXXX
463 Littlefield Ave
South San Francisco, CA 94080