Kerarganic grants you a non-exclusive, non-transferable, revocable, limited license to use the photographs, images, artwork and other written / visual materials, Trademarks, Copyrights appearing on the Kerarganic websites (the "Images/Files") in accordance with the terms and conditions of this license agreement ("License"). The Distribution Agreement which you have entered into with Kerarganic pursuant to which you have been authorized to sell Kerarganic products (the "Distribution Agreement"). Capitalized terms used herein shall have the meanings ascribed to them in the Distribution Agreement, unless the context otherwise requires.
You recognize and acknowledge that (a) Kerarganic is the owner of all rights, title and interest in and to the Images/Files in any and all forms thereof, and Kerarganic is also the owner of the goodwill attached to or associated with the Images/Files, including that which arises from the sale of the Products, (b) all rights in and to the Images/Files/visuals are and shall remain the sole property of Kerarganic (c) your rights to use the Images/Files shall be governed by this License Agreement and the Distribution Agreement, and in the event of a conflict between the two agreements, the terms of this License Agreement shall govern, (d) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of Kerarganic. Your use of the Images/Files will be in compliance with any rules or guidelines established by Kerarganic in its sole discretion from time to time. You shall have no other rights to the Images/Files or any other intellectual property belonging to Kerarganic or to any of its affiliates.
During the term of the Distribution Agreement, KERARGANIC authorizes the Distributors to use the Images/Files in the Territory on or in relation to the Products for the sole purpose of exercising your rights and performing your obligations under the Distribution Agreement and only in such form and manner as are specifically approved in writing by KERARGANIC, in its sole discretion, and for no other purpose. KERARGANIC may withdraw its approval for any previously authorized use of the Images/Files upon notice to you at any time and, in such event, you shall immediately cease such use. You acknowledge that the Images/Files shall be deemed to be part of the "Promotional Materials and Artwork" described in the Distribution Agreement.
YOU MAY NOT
The term of this License shall continue throughout the term of the Distribution Agreement, provided that you are in compliance with the terms and conditions herein and with the terms and conditions of the Distribution Agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions or upon termination of the Distribution Agreement, whichever is first to occur. You agree, upon termination, to destroy all copies of the Images/Files of Kerarganic content. Notwithstanding the foregoing, you shall immediately cease any use of the Images/Files (or such portion thereof as Kerarganic shall designate) upon your receipt of notice from Kerarganic that your rights to use the Images/Files (or a designated portion thereof) have terminated for any reason whatsoever.
THE IMAGES/FILES ARE PROVIDED AND LICENSED BY KERARGANIC ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXCLUSIVITY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGES/FILES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KERARGANIC HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR EXPENSES ARISING OUT OF THIS LICENSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR EXPENSES FOR ANY: LOSS OF USE; LOST PROFITS; LOST BUSINESS; LOST OPPORTUNITY, LOST DATA; COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND, BUSINESS INTERRUPTION) WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND WHETHER OR NOT KERARGANIC OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR EXPENSE . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS KERARGANIC, ITS PARENTS, SUBSIDIARIES, AFFILIATES ("KERARGANIC ENTITIES"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, SUITS, LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) INCURRED BY THE KERARGANIC ENTITIES, ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY OF THIS LICENSE; (B) YOUR USE OF THE IMAGES/FILES; OR (C) YOUR VIOLATION, ALLEGED VIOLATION, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADEMARK, COPYRIGHT, PATENT, TRADE SECRETS) OR NON-PROPRIETARY RIGHT OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, DEFAMATION, LIBEL, VIOLATION OF PRIVACY OR PUBLICITY). YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS INDEMNITY SHALL BE DEEMED TO APPLY TO, AND EXIST FOR THE BENEFIT OF, KERARGANIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS.
This License and the Distribution Agreement constitute the entire agreement between you and KERARGANIC, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. You may not assign this License without the written permission of KERARGANIC, however KERARGANIC may assign this License at any time. Neither any failure nor any delay on the part of either party hereto in exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise or any right hereunder preclude any other or further exercise thereof or the exercise of any other right. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. This License shall be governed by, and construed in accordance with, the laws of the Puerto Rico USA (excluding any conflict of laws, rule or principle that might refer to the laws of another jurisdiction). You agree that, except as set forth below, all actions, claims, disputes and proceedings arising in connection with this License, your obligations hereunder or any alleged breach hereof, shall be tried and litigated solely and exclusively in the state or federal courts located in the Puerto Rico. You further agree that you shall be subject to personal jurisdiction in the Puerto Rico and consent to any and all actions or proceedings brought therein arising out of this License, your obligations hereunder or any alleged breach hereof. The aforementioned choice of forum clause is intended by the parties to be mandatory and not permissive in nature thereby precluding the possibility of litigation between the parties in any other forum or jurisdiction; provided, however, that nothing contained herein shall preclude KERARGANIC from bringing an action or proceeding in any jurisdiction seeking an injunction or other equitable relief against you. You hereby waive any right that you might have to assert that any litigation between the parties should be maintained in a different forum or jurisdiction for any reason including, without limitation, based on the doctrines of forum non-convenience or improper venue, or any similar theory.
Each order is shipped within 3 to 7 working days. Kerarganic products can be shipped anywhere around the world. Your order will be delivered to the shipping address provided through your registration on Kerarganic.com
Shipping in the US
The shipping cost will vary from state to state. Shipping cost will be determined on three parameters.
All shipping will be delivered by USPS, FedEx or UPS courier service.
For shipping outside United States standard-shipping rates will be applied depending on the destination country.
An email will be sent to user when he/she purchases an item from Kerarganic.com. The email will comprise an order status to track your order status by regularly visiting the website.
Expected Time to receive:
The Maximum time to deliver a product to the Customer is 7 working days after approval of payment.
To get a full product refund due to damaged goods bought from Kerarganic.com, the company must be informed within 2 days of the product delivery date by sending a product photo and clarification of the issue to sales@Kerarganic.com
Please note the following for return policy: