Terms & Conditions

Introduction

Welcome to our website, the-kirkland.com!

Kirkland® offers a wide selection of high-quality, affordable products including diapers, dog food, protein bars, golf balls, and much more. We know that reading through long legal documents can be tedious, but our Terms and Conditions contain important information about your rights as a customer of Kirkland®.

Please take the time to read through these Terms and Conditions carefully. By accessing or using our website or purchasing our products, you agree to be bound by these terms. If you do not agree to these terms, please do not use our website or purchase our products.

If you have any questions about these Terms and Conditions, please contact us at [email protected].

Definitions

“Kirkland®”, “We”, “Us”, or “Our”: Refers to the company, website, and brand Kirkland® and its employees, directors, officers, agents, vendors, and suppliers.

“You” or “Your”: Refers to the customer, user, or viewer of the website.

“Website”: Refers to the website located at the domain the-kirkland.com and all pages, sections, and subdomains contained within.

“Content”: Refers to all text, images, videos, graphics, logos, tools, resources, and other materials displayed on or available through the Website.

“Products”: Refers to all merchandise, goods, and services offered for sale on the Website.

“Order”: Refers to the customer’s purchase of products on the Website.

“Party”/”Parties”: Refers individually to You or Us or collectively to both You and Us.

Use of the Website

The Website allows You to learn about and purchase the Products offered by Kirkland®. You may access and use the Website and Content in accordance with these Terms and Conditions.

Age Restrictions

The Website is intended for users age 18 and older. By accessing the Website, You affirm that You are at least 18 years old. Use by anyone under 18 is strictly prohibited and in violation of these Terms and Conditions.

Account Registration

Certain sections and functionality of the Website may require You to register for an account. When registering for an account, You agree to provide accurate and complete information and to update Your information to maintain its accuracy.

You are solely responsible for the activity that occurs under Your account. You must keep Your account password secure and must not share Your account password with anyone.

Kirkland® reserves the right to suspend, delete, or prohibit access to Your account if there is reason to suspect any unlawful activity, violation of these Terms and Conditions, or inaccurate information associated with Your account.

Intellectual Property Rights

The Website and Content are the property of Kirkland® and are protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, transfer, or sell any Content from the Website without Our express written consent.

Any trademarks, service marks, and logos displayed on the Website are the trademarks of Kirkland®. You may not use or display any trademarks without Our express written consent.

User Content

If You submit, upload, or post content such as images, videos, reviews, comments, or other materials (collectively referred to as “User Content”) to the Website, You grant Us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, store, reproduce, modify, distribute, transmit, display, and publish Your User Content in any format through any medium.

You are solely responsible for any User Content You contribute to the Website. You represent and warrant that You have the right to submit any User Content and that such content does not violate any copyright, trademark, privacy, or any other right of any third party. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious.

Kirkland® reserves the right to remove or disable access to any User Content for any reason.

Acceptable Use

You agree to use the Website only for lawful purposes. You shall not use the Website to:

Violate any laws or promote unlawful activities.
Infringe on Kirkland®’s or any third party’s intellectual property or other proprietary rights.
Transmit any malicious code, viruses, or harmful components.
Misrepresent Your identity or provide false information.
Engage in spamming, phishing, or other unauthorized communications.
Harass or invade the privacy of others.

Violation of the Website’s acceptable use terms shall constitute a breach of these Terms and Conditions.

Privacy Policy

Please review Our Privacy Policy which explains how We collect, use, and disclose personal information from You. By accessing the Website and providing Us with data, You consent to the practices described in the Privacy Policy.

Disclaimer of Warranties

Your use of the website is at your sole risk. The website and all content are provided “AS IS” and on an “AS AVAILABLE” basis without any representations, warranties, or conditions of any kind, express or implied.

Kirkland® disclaims all representations and warranties including for accuracy, availability, reliability, security, timeliness, and non-infringement. Kirkland® does not warrant that the website will meet your requirements or expectations or be error free.

Purchasing Products

The Website allows You to purchase a variety of Kirkland® brand products including diapers, pet food, protein bars, and golf balls. The following terms apply when ordering products on our Website:

Prices and Payment

Product prices, availability, and options may change at any time without notice. The price charged will be the price in effect at the time You complete an order on the Website. Prices are listed in U.S. dollars.

Kirkland® accepts payment methods such as Visa, Mastercard, American Express, and PayPal. Credit card transactions are processed through secure channels. You represent that You are authorized to use the payment method provided.

Shipping and Delivery

We will make reasonable efforts to fulfill Your order based on the timeframe listed on the Website at the time of purchase. Certain factors such as customs, holidays, natural disasters, and other events may cause delays.

Kirkland® is not liable for any loss or damages caused by shipping delays or product unavailability. We reserve the right to cancel Your order or modify shipment times in Our sole discretion.

Shipping and delivery costs will be calculated at checkout based on Your address, order details, and other factors. You are responsible for all applicable taxes and duties.

Kirkland® does not ship to PO boxes or outside the United States. Additional delivery restrictions may apply.

Returns and Refunds

If You are not fully satisfied with a product You purchased on Our Website, You may request a refund or exchange by contacting Our customer service department within 30 days of receiving your shipment. To be eligible for a return, products must be in original condition with tags still attached.

Once We have received and inspected the returned product, We will issue a full refund to Your original payment method. You are responsible for all shipping and handling costs related to returns.

Custom, engraved, used, or discounted products are non-refundable. Other restrictions on returns may apply.

Content and Activity Monitoring

Kirkland® reserves the right to monitor any content or other activity on the Website to determine compliance with these Terms and Conditions and enforce Our rights accordingly. However, We are not obligated to monitor the Website or any content and assume no responsibility or liability arising from any content.

If at any time Kirkland® chooses to monitor the Website, We still assume no responsibility for content and no obligation to modify or remove any inappropriate content.

Privacy

Please review our Privacy Policy for details on how we collect, use, and disclose information from our users.

Children’s Privacy

The Website is not directed to children under the age of 13. Kirkland® does not knowingly collect personal information from children under 13 without the consent of a parent or guardian. If We become aware that a child under 13 has provided us with personal information without consent, We will delete such information from Our records.

Copyright Infringement Claims

Kirkland® respects the intellectual property rights of others. If You believe Your copyright has been violated on the Website, please notify Our copyright agent with the following information:

Your name and contact information.
Identification of the copyrighted work claimed to have been infringed.
Identification of the infringing material.
A statement that You have a good faith belief that use of the material is not authorized by the copyright owner.
A statement under penalty of perjury that Your claim is accurate and You are authorized to act on behalf of the copyright owner.
Your electronic or physical signature.

Our copyright agent for notice of infringement claims is:

Upon receipt of a valid notice, We will promptly remove or disable access to the infringing material. Please note that misrepresentations of infringement may result in liability for damages.

Disclaimer of Liability

The Website and Content are provided for informational purposes only. Kirkland® makes no representations regarding the accuracy, completeness, suitability, or validity of the information on this site. Kirkland® disclaims all liability for any harm resulting from Your use of the Website or reliance on Content.

The Website may contain links to third-party sites that are not under Kirkland®’s control. We are not responsible for the content or policies of such third-party sites. Links to external sites do not constitute endorsement of those sites.

In no event shall Kirkland® be liable for any direct, indirect, punitive, incidental, or consequential damages arising from the use or inability to use the Website. This limitation of liability includes damages for loss of profits, goodwill, data, or other losses resulting from use of the Website.

Indemnification

You agree to defend, indemnify, and hold harmless Kirkland® from any third-party claims, damages, liabilities, judgments, penalties, costs, and expenses (including reasonable attorney fees) arising from Your use of the Website, Your User Content, Your violation of these Terms and Conditions, or Your violation of any third-party rights. Kirkland® reserves the right to assume the defense of any claim subject to indemnification by You.

Limitation on Time to File Claims

Any cause of action arising from the use of the Website must be filed within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.

Termination

Kirkland® reserves the right to restrict, suspend, or terminate Your access to the Website at any time without notice and for any reason. We shall not be liable to You for any damages related to the termination of Your access.

Upon termination, Your right to use the Website immediately ceases. You shall destroy any Content downloaded from the Website and cease further use of the Website. The provisions of these Terms and Conditions related to intellectual property rights, disclaimers/limitations of liability, indemnification, and any other terms intended to survive shall remain in effect.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of California without regard to conflict of law principles. Any dispute related to these Terms will be subject to the exclusive jurisdiction of state and federal courts located in San Francisco, California. You consent to personal jurisdiction and venue in these courts.

Class Action Waiver

You agree that any dispute resolution will take place only on an individual basis and not in class action proceedings. You expressly waive Your right to bring any class action against Us.

Arbitration Agreement

At Our election or Your election, any dispute arising from these Terms may be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its consumer arbitration rules.

You and Kirkland® both waive the right to a jury trial and waive the ability to participate in class action proceedings. The arbitration shall take place in San Francisco, California. All fees and expenses will be shared equally, however the arbitrator may award attorney fees and costs to the prevailing party under applicable law.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect and an enforceable term shall be substituted reflecting Our intent.

Assignment

You may not assign or transfer these Terms without Our written consent. We reserve the right to assign Our rights and obligations under these Terms in Our discretion to an affiliate or in the event of a merger, acquisition, reorganization, or sale of Our assets.

Waivers

Any waiver by Kirkland® must be express and in writing. Waiver of any provision shall not be deemed a waiver of any other provision.

Entire Agreement

These Terms constitute the entire agreement between the Parties with respect to the Website. These Terms supersede any prior agreements or communications.

Contact Us

If You have any questions about these Terms, please contact Us at:

Kirkland® Legal
123 Main St.
San Francisco, CA 94105
[email protected]