Purchase Terms and Warranty
These “Purchase Terms and Warranty” apply to all orders entered into between a buyer (any distributor or end-user, i.e. “you”, “yours”) of the “Products” sold by us (“we”, “us”, “ours”). These Purchase Terms and Warranty and any other document we send you are the “Agreement”. You cannot change the Agreement without our prior written consent, no matter how hard you try.
1.1 Prices. All prices are subject to change. Prices do not include any taxes or other governmental charges or shipping costs. Prices are in U.S. dollars.
1.2 Product Specifications. We may will make changes in the designs, specifications or components of the Products whenever we chose to. Such changes may be to improve the safety, operation, use, or image of our Products. We will make every effort to ensure that posted specifications, images, pricing and product availability are as correct and timely as possible, but we reserve the right to provide you directly with the most current information.
1.3 Special Offers, Codes, and Promotions.
1.3.1 Limitations. We reserve the right to
(A) put limitations on the combining, stacking, and use of any and all promotions done via the website, email, social media, or any other channels where promotions are detailed and/or distributed, and
(B) pause all promotions, codes, and referral programs for some sales and for all new product launches. Promo codes must be used at time of purchase and cannot be used retroactively, stacked, used in tandem, etc.
1.3.2 Referral Program Terms/limitations. To qualify for a promo code, the referred person must
(A) be a new customer,
(B) use a referral link to obtain the promo code and
(C) make a purchase on konnected.io in an amount greater than the minimum amount specified in the referral offer prior to the promo code’s expiration. Referring customers will receive a referral credit in their konnected.io (“System”) account after the referral is confirmed and the referral credit is approved by a customer service member. Referring customers may only earn one referral credit per referred person. In the event a referred person returns a purchased item and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing System account under an alternate email address. Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the referring customer’s referral credit and the referred person’s promo code as well as both parties’ inability to participate in this or future promotions. Referral credit cannot be applied to previous purchases, and is not redeemable for cash. Referral programs are subject to modification or termination at any time without notice in our sole discretion. Promo codes cannot be stacked, used in tandem, etc.
1.4 Orders Flagged as Fraud. If your order is flagged by our system as a high risk of fraud, we reserve the right to refuse to fulfill and refund your order. If you feel that a refund was made by mistake, please email
us at firstname.lastname@example.org.
1.5 Cancellation. Purchased but not shipped Products may be cancelled and fully refunded by contacting us at email@example.com. Once a product has shipped it is no longer eligible for cancellation.
1.6 Taxes. Except in the case of sales tax for residents of the State of Florida, U.S.A., all import duties, taxes, and other charges are not included in the Product price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your pre-order.
We will ship anywhere our customary shipping services (i.e. UPS, USPS, Fedex, DHL, etc.) will deliver to. We do not provide information about customs and international fees or applicable local laws. You are responsible for researching and paying charges for customs and international delivery, and compliance with local laws. Title to and risk of loss for the Products passes to you upon delivery of the Products by us to the common carrier for delivery. All time frames provided by us, whether verbally or in writing, are good faith estimates of the expected delivery date for the Products based on information provided to us by the shipper. We will do our best to ship when we state we will but disclaim any liability (including consequential damages) for late or missing shipments. We disclaim responsibility for shipping delays caused by acts or conditions beyond our control, including any failure by the shipper, weather, God, war or terrorism, strikes, embargoes, etc.
3.1 Compatibility. You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your wired alarm system is compatible with the Products). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 60-day refund policy described below.
3.2 Installation, test and use. It is your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. IF A PRODUCT IS NOT PROPERLY INSTALLED, OR IF A PRODUCT OR ANY OF ITS SENSORS ARE DAMAGED, INCOMPATIBLE, IMPROPERLY CONNECTED, CORRODED OR OTHERWISE NOT IN GOOD WORKING CONDITION, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation
3.3 Returning an Item. To return a Product after you have received it, you must contact us at firstname.lastname@example.org, explain why you are returning it, get our authorization, request a return label from us, and specify whether you want a replacement, store credit, or a refund. Products must be returned in an undamaged box within 60 days of delivery to you. You must pay return shipping. Your returned Product must be unused, free from damage or dirt, and in the same package and condition that you received it. No returns of used items will be accepted except in EXTREME cases of breakage/malfunction, and only within 60 days of receipt by you. Our original shipping charges are always non-refundable. Your returned Product is not accepted by us until we inspect it. We do not accept returns of special orders, sale items, gift cards, and gifted orders. Returns must be shipped using a pre-paid return label provided by us. If non-returnable items are returned without authorization from our customer service, they will be returned to you immediately. Handling and shipping fees will apply to unauthorized returns.
3.4 Refunds / Exchanges / Store Credits.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your return. If you are approved, then your refund, exchange or store credit will be processed. For refunds, a credit will automatically be applied to your credit card or original method of payment, within 5-8 days. We do offer exchanges within the US, but we don’t offer any exchanges for international orders, however you can receive a refund or store credit, so you can replace the order for the item you would like in exchange. If a store credit is requested, a promo code will be issued to you via email. Your store credit is easily applied during checkout of your next order.
3.5 Sale Items. There are no returns for items on sale. If sale items are returned without authorization from us, they will be returned to you and you will be charged handling and shipping fees.
3.6 Special Orders. Special orders are not returnable. Each special order is made specifically for each customer and all sales are final.
You are responsible for correctly installing any Product that requires installation, in accordance with our online and printed instructions. We disclaim responsibility for any damages caused by your failure to correctly install the Products, and you indemnify us for such damages.
5. Use and Maintenance
You are responsible for using and maintaining the Products properly and safely in accordance with any required laws and in accordance with our online documentation, manuals and instruction sheets.
6.1 One Year Warranty. Our products are covered under our manufacturer’s one year (the “Warranty Period”) all-inclusive warranty from the date of purchase for the original owner against all manufacturing defects. We warrant our Products, including all individual components, against defects in material or
workmanship. This is the only warranty and we give no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or condition on our behalf. IF YOUR JURISDICTION’S LAW GIVES YOU ANY
IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE WARRANTY PERIOD. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
6.2.1 What We Cover. We warrant our Products them to be free from manufacture defects in materials and/or workmanship for the Warranty Period.
6.2.2 What We Do Not Cover. We do not cover
(A) any subsequent owner of the Product,
(B) normal wear and tear,
(C) failure to follow instructions in the owner’s manual, acts of God, accident, misuse, neglect, abuse, commercial use, alterations, modification, improper assembly, wear and tear, installation of parts or accessories not originally intended or compatible with the Product as sold and operator error, and
(D) any damage, failure or loss caused by any unauthorized service or use of unauthorized parts.
6.3 What Will We Do to Correct Problems with Your Product? If a component is deemed to be defective or damaged without user error we will issue a replacement part. We will assist you in replacing any defective part. We will replace any parts deemed to have been damaged during shipping. We will provide the owner a replacement product if the product can not be repaired after a reasonable number of tries as determined by us. Only in extreme cases will an entire replacement Product be issued, in these cases the
original Product may have to ship to our facility for inspection/repairs before a new Product is sent out. If repairs can be made, a new Product will not always be sent.
6.4 What Will We Not Do? We will not
(A) replace any part without first seeing photos or video of the damaged part
(B) pay for any third party service or part replacement unless agreed upon prior to the fix, and
(C) pay for return shipping on any damaged or defective product or component.
6.5 Claims. All claims to this warranty must be made through email@example.com. Proof of purchase is required with any warranty request. Before making a warranty claim, we suggest that you contact our
technical support team at firstname.lastname@example.org as there may be a simple fix for your problem.
6.6 Shipping Damage Claims. IMMEDIATELY inspect your product(s) for damage. Freight damage claims are extremely time sensitive. We will not accept Freight damage claims later than 30 days from receipt of product. Note any damage to your Product on the Bill of Lading before you and the driver sign-off on the shipment. Take pictures of any damage that is found, and date the images when possible. Keep all packaging and paperwork until the inspection process is complete. Whenever possible, report damage claims within 10 days of delivery to our customer support team at email@example.com.
6.7 Legal Matters.
6.7.1 Limitation on Damages. WE ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY
INABILITY TO USE YOUR PRODUCT. THESE EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.7.2 Binding Arbitration and Class Action Waiver for U.S. Residents. Please read this Section 6.7.2 carefully. It affects your legal rights concerning any disputes between you and us if you live in the United States For purposes of this Section 6.7.2, “us” and “we” includes our subsidiaries, affiliates, officers,
directors, employees, and agents.
(A) Dispute. “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and us concerning this warranty, our Products, and your or our obligations and performance under this warranty or with respect to our Products, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability),statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law.
(B) Informal Negotiation of Disputes. You and we agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and we otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or we mail a notice of the Dispute (“Notice of Dispute”) as specified in Section 6.7.2(C). You and we agree that neither will commence arbitration before the end of the time for informal negotiation.
(C) Notice of Dispute. If you give a Notice of Dispute to us, you must send by U.S. Mail to us at our address above, a written statement setting forth
(1) Your name, address, and contact information,
(2) Your Product serial number,
(3) Your date of purchase,
(4) the facts giving rise to the Dispute, and
(5) the relief you seek.
If we give a Notice of Dispute, we will send by U.S. Mail to your postal address if we have it, or otherwise to your e-mail address, a written statement setting forth
(a) our contact information for purposes of efforts to resolve the Dispute,
(b) the facts giving rise to the Dispute, and
(c) the relief we seek.
(D) Binding Arbitration. IF YOU LIVEIN THE UNITED STATES, YOU AND WE AGREE THAT IF YOU AND WE DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION UNDER SECTION 6.7.2(B), ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES IN SECTION 6.7.2(G).YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE
RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE
RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
(E) Availability of Small Claims Court. Notwithstanding Section 6.7.2(D), You have the right to litigate any Dispute in small claims court, if all requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied.
(F) Class Action Waiver. YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A
PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR US ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND WE FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, US, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
(G) Arbitration Procedure. The arbitration of any Dispute will be conducted by, and according to the rules and procedures of, the American Arbitration Association (the “AAA”). Information about the AAA, and how to commence arbitration before it, is available at www.adr.org or by calling 1-800-
778-7879. The Commercial Arbitration Rules of the AAA and, where the value of a Dispute is $75,000 or less, the Supplementary Procedures for Consumer Related Disputes of the AAA, will govern the arbitration, except to the extent that they conflict with the provisions of this warranty, in which case the provisions of this warranty will govern. You may request a telephonic or in-person
hearing by following the AAA rules. Where the value of a Dispute is $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator has the power to make any award of damages to the individual party asserting a claim that would be available to a court of law. `The arbitrator may award declaratory or injunctive relief only
in favor of the individual party asserting a claim, and only to the extent required to provide relief on that party’s individual claim.
(H) Arbitration Location. You agree to commence arbitration only in your county of residence or in Los Angeles, California. We agree to commence arbitration only in your county of residence.
(I) Costs and Attorney’s Fees. In a dispute involving $75,000 or less, we will promptly reimburse your filing fees, and pay the AAA administrative fees and the arbitrator’s fees and expenses, incurred in any arbitration You commence against us unless the arbitrator finds it frivolous or brought for an improper purpose. We will pay all filing and AAA administrative fees, and the arbitrator’s fees and expenses, incurred in any arbitration we commence against you. If a Dispute involving $75,000 or less proceeds to an award at the arbitration after you reject the last written settlement offer we made before the arbitrator was appointed (“Our Last Written Offer”), and the arbitrator makes an award in your favor greater than Our Last Written Offer, we will pay you the greater of the award or $1,000, plus your reasonable attorney’s fees as determined by the arbitrator or agreed to by you and us. In any arbitration you commence, we will seek our AAA administrative fees or arbitrator’s fees and expenses, or your filing fees we reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In a Dispute involving more than $75,000, the AAA rules will govern payment of filing and AAA administrative fees and arbitrator’s fees and expenses. Fees and expenses are not counted in determining how much a Dispute involves.
(J) If Class Action Waiver Illegal or Unenforceable. If the class action waiver (which includes a waiver of private attorney-general actions) in Section 6.7.2(F) is found to be illegal or unenforceable as to all or some parts of a Dispute, whether by judicial, legislative, or other action, then Section 9 and its subsections will not apply to those parts. Instead, those parts of the Dispute will be severed and proceed in a court of law with the remaining parts proceeding in arbitration.
(K) Severability. If any provision of this Section 6.7.2 and its subsections, other than Section 6.7.2(F), is found to be illegal or unenforceable, that provision will be severed from this Section 6.7.2, but the remainder of Section 6.7.2 will remain in full force and effect. Section 6.7.2(J) says what happens if Section 6.7.2(F) is found to be illegal or unenforceable.
(L) Intellectual Property Ownership. Disputes over your or our intellectual property rights (including patents, trademarks and copyrights) are not covered by this Section 6.
Please contact us at firstname.lastname@example.org