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Terms and Conditions

Terms and Conditions

This website is operated by J & K Marine Supply. Throughout the site, the terms “we,” “us,” and “our” refer to J & K Marine Supply. By using this website, including all information, tools, and services available from it, you agree to be bound by the following terms and conditions, as well as any additional terms and policies referenced herein or available via link as together as a whole, make up our terms and conditions.

Please carefully read these Terms of Service before accessing or using our website. Your access to and use of any part of the site signifies your acceptance of these terms. If you do not agree with all the conditions outlined in this agreement, you should refrain from accessing the website or using any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these terms.

Additionally , any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most up-to-date version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these terms by posting updates or modifications on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted by BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ECOMMERCE STORE TERMS:

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence. Additionally, if you are the age of majority and have authorized any minor dependents to use this site, you must provide your consent. Furthermore, you agree not to use our products for illegal or unauthorized purposes. When using the Service, you must comply with all applicable laws in your jurisdiction, including copyright laws. Lastly, refrain from transmitting any worms, viruses, or malicious code.

 

SECTION 2 - GENERAL CONDITIONS:

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transfers across various networks and (b) adaptations to meet technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Additionally, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the website, use of the website, or access to the website or any communication on the website through which our service is provided, without our express written permission. The headings in this agreement are included for convenience and will not limit or otherwise impact these Terms.

 

Section 3- WARRANTY DISCLAIMER:

This website is provided by J & K Marine Supply on an ‘AS IS’ and ‘AS AVAILABLE’ basis. We do not make any representations or warranties, express or implied, regarding the operation of the site, the information, content, materials, or products included on this site, or the suitability of the materials for any purpose. The materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement, or other information displayed or distributed through this site. You acknowledge that any reliance on such opinion, advice, statement, memorandum, or information is at your sole risk.

 

We reserve the right, in our sole discretion, to correct errors or omissions in any portion of the site, and we may make changes to the site, materials, and products described in the site at any time without notice. The site, information, materials, and software made available on the site are provided ‘as is,’ and we specifically disclaim all warranties, express or implied, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

In no event shall we or our affiliates or agents be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages arising out of or connected with the use of this site, its content, or materials, the delay or inability to use this site, or otherwise related to this site, whether based on contract, tort, strict liability, or otherwise—even if advised of the possibility of such damages. This disclaimer does not apply to any product warranty offered by the manufacturer.

 

Our liability will not exceed the fees paid by you for using the site during the six-month period preceding the claim. Certain state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

SECTION 4 - LIMITTION OF LIABILITY:

J & K Marine Supply shall not be held liable for any special or consequential damages arising from the use of, or inability to use, the materials on this site or the performance of the products. Even if J & K Marine Supply has been advised of the possibility of such damages, applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to you.

Prices for our products are subject to change without prior notice. We reserve the right to modify or discontinue any service or product (or any part or content thereof) at any time, without notice. Neither you nor any third party shall hold us liable for any modifications, price changes, suspensions, or discontinuance of a service or product.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

 

SECTION 5- TRADEMARKS:

All trademarks, service marks and trade names of J & K Marine Supply that may be used in the site are trademarks or registered trademarks of J & K Marine Supply. All other products, services and/or company names mentioned herein are trademarks of their respective owners.

 

SECTION 6- TYPOGRAPHICAL ERRORS:

If a product is mistakenly listed at an incorrect price, J & K Marine Supply reserves the right to refuse or cancel any orders placed for that product. This applies regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged and your order is subsequently canceled, J & K Marine Supply will issue a credit to your credit card account for the amount of the incorrect price.

 

SECTION 7- TERM / TERMIATION:

These terms and conditions apply to you when you access the site or complete the registration or shopping process. J & K Marine Supply reserves the right to terminate or modify these terms and conditions without notice, for any reason. The provisions related to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.

 

SECTION 8- NOTICE:

J & K Marine Supply, in it’s sole discretion, may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods you have provided to J & K Marine Supply.

 

SECTION 9- ORDERS / BILLING/ ACCOUNT

While we strive to fulfill all orders, we cannot guarantee the availability of specific products displayed on this site. We reserve the right to discontinue the sale of any product or service, remove materials listed on this site, and adjust pricing, terms, specifications, and warranties without notice. Prices for products on this site may differ from other advertised prices due to varying conditions in different geographic markets or distribution channels. The displayed prices are quoted in U.S. dollars and do not include shipping, handling, or applicable sales taxes, which will be added to your total invoice. You are responsible for payment of shipping and handling charges, address correction fees, return-to-sender shipping costs, refuse shipment charges, and any state or local sales or use taxes that apply to your order. Orders are processed immediately. Mistakes in ordering must follow the normal RMA process for returns or exchanges. We reserve the right to refuse any order, limit quantities per person or household, and restrict orders placed under the same customer account, credit card, or billing/shipping address. If we modify or cancel an order, we’ll attempt to notify you via the provided email or billing address/phone number. Additionally, we may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors. By making purchases at our store, you agree to provide accurate account information and promptly update details as needed.

 

SECTION 10- LEGAL JURISDICTION:

By using this site, you agree that all aspects of your usage are governed by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Furthermore, you consent to the jurisdiction and venue of state or federal courts located in Lee County, Florida, for any legal proceedings directly or indirectly related to this site (including but not limited to the purchase of J & K Marine Supply products). Any cause of action or claim you may have concerning the site (including product purchases) must be initiated within one (1) year after the claim or cause of action arises. J & K Marine Supply’s failure to strictly enforce any provision of these terms and conditions does not constitute a waiver of that provision or right. Additionally, neither the parties’ conduct nor trade practices can modify these terms and conditions. J & K Marine Supply retains the right to assign its rights and duties under this Agreement to any party at any time without prior notice to you.

SECTION 11- USE OF ECOMMERCE SITE:

Harassment in any form on this site, including but not limited to e-mail, chat, comments, reviews, or the use of obscene or abusive language, is strictly prohibited. Impersonation of others, including J & K Marine Supply employees, hosts, representatives, or other members and visitors on the site or social media, is also forbidden. Additionally, you may not upload, distribute, or publish any content on the site that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. Such content may constitute or encourage criminal offenses, violate the rights of any party, or give rise to liability under the law. Furthermore, commercial content uploads are not allowed, and the site should not be used to solicit others to join or become members of any other commercial online service or organization.

 

SECTION 12- SECURITY:            

You are strictly prohibited from violating or attempting to violate the security of this site. This includes unauthorized access to data not intended for you, logging into servers or accounts without proper authorization, probing, scanning, or testing system vulnerabilities, breaching security or authentication measures, and interfering with service to other users, hosts, or networks. Specifically, actions such as submitting viruses, overloading the site, spamming, or forging TCP/IP packet headers are strictly forbidden. Violations of system or network security may result in civil or criminal liability. We actively investigate such incidents and cooperate with law enforcement authorities in prosecuting offenders. Additionally, you agree not to use any device, software, or routine to disrupt the proper functioning of this site or interfere with any activities conducted here. Furthermore, refrain from using any engine, software, tool, agent, or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this site, except for the search engine and search agents provided by us or generally available third-party web browsers.

 

SECTION 13- PASSWORDS:

If you register for an account on our site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and/or password. We do not know your password. As such we cannot help you if you have forgotten your password.

 

SECTION 14- INTERNATIONAL:

This website is controlled, operated, and administered by J & K Marine Supply from its offices within the United States of America. We do not guarantee that the materials offered on our site are appropriate or available for use in other locations outside the United States. Accessing our site from territories where its contents are illegal is prohibited. Additionally, you may not use our site or export materials and products in violation of U.S. export laws and regulations. If you access our site from a location outside the United States, it is your responsibility to comply with all local laws. Please note that information, products, and materials published on the internet may contain references or cross-references to our products, programs, and services that may not be announced or available in your country. These references do not imply that we intend to announce such products, programs, or services in your country.

 

SECTION 15- PARTICIPATION:

J & K Marine Supply does not review all communications and materials posted by users accessing the site, nor is it responsible for the content of such communications and materials. By providing you with the ability to view and distribute user-generated content on the site, J & K Marine Supply acts as a passive conduit for distribution and assumes no obligation or liability related to the site’s contents or activities. However, J & K Marine Supply reserves the right to block or remove communications or materials that it deems (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, © in violation of another’s copyright, trademark, or other intellectual property rights, or (d) offensive or otherwise unacceptable in its sole discretion.

 

SECTION 16- CORRECTING ERRORS

While our goal is to maintain a 100% error-free site, we cannot guarantee the accuracy or completeness of any materials or other content, including price information and product specifications. If we discover price errors, we will correct them in our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, update content and materials on our site, and correct any errors, inaccuracies, or omissions at any time without notice. Additionally, we retain the right to refuse or cancel any order that contains errors or inaccuracies, even after the order has been submitted and your credit card charged. If your order is canceled after payment processing, a full refund will be issued to the original payment method.

 

SECTION 17- INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless J & K Marine Supply, Senetics LLC, its officers, directors, employees, agents, licensors, and suppliers (collectively referred to as the ‘Service Providers’) from any losses, expenses, damages, and costs, including reasonable attorneys’ fees. This indemnification applies to any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

 

SECTION 18- THIRD PARTY

J & K Marine Supply strives to enhance the experience for our visitors by linking to third-party sites. While these sites may be affiliated with J & K Marine Supply, it’s important to note that we have no control over their privacy practices or data collection methods. We provide these links for your convenience but accessing them is at your own risk. We value feedback not only on our own site but also on any linked sites, including reports of broken links.

 

SECTION 19- RETURNS

J & K Marine Supply accepts returns within thirty (30) days after shipment. However, our return policy does not apply to specific goods, including software, DVD’s, CD’s mapping/chart data cards, international orders, custom orders, freight truck-only items, products that are labeled as hazardous materials, flammable liquids or gases and special order items. Unfortunately, these items are not eligible for return, refund, or exchange. Additionally, any shipping charges incurred are non-refundable. We only accept eligible non-defective products to be returned for refund minus shipping paid (if any). To be eligible for a non-defective return, your merchandise must be unused, unopened and must be in the original packaging. Non-defective returns that show signs of installation or use, missing parts and or packaging, missing purchase receipt, sku code, or have serial numbers that cannot be verified will not be accepted. The customer is responsible for return shipping costs of eligible returns. Please consider using a trackable shipping service and purchasing shipping insurance for items of value. J & K Marine Supply is not liable for lost or damaged return packages. J & K Marine Supply will pay for return shipping if the return is a result of our error. Gift cards cannot be returned. If your return is accepted, we offer several options within a reasonable time frame:

Non-transferable merchandise credit

Credit to the original payment card or method used for the purchase

Another appropriate remedy determined in good faith

To initiate a return, customers must request a return merchandise authorization (RMA) through the product returns link on our website or by emailing us at returns@jandkmarinesupply.com. Upon approval, an RMA number will be issued along with instructions for returning the package, typically within 1-3 business days.

Defective Products: If you receive a defective product, please reach out to the manufacturer. If necessary, they will provide a prepaid return shipping label for the defective item. Before initiating the return, the customer should contact the manufacturer’s technical support to confirm that the product is indeed defective and requires replacement. Be prepared to provide details such as the technician’s name, serial number, and specifics about the defect. Once confirmed, the manufacturer will provide return instructions along with a shipping label.

Cancellations, Missing Packages, Shipping Damage, Shipment Refusals: When you place an order online, it is processed immediately and may not be canceled. If you need to return the merchandise, you’ll have to wait until you receive it and go through the RMA process. Claims related to shipment damage must be reported to the shipping company. Pictures must be taken and the shipping company must acknowledge the packaging was damaged. Incorrect or missing items, or non-receipt of goods must be made within seven (7) days. As a customer, you are responsible for all costs associated with refused shipments, including carrier fees, freight to your location, and return freight. Please note that we reserve the right to refuse returns under certain conditions:

Returns sent COD (Cash on Delivery)

Returns without proper return authorization

Items showing signs of undisclosed installation or use

Missing parts or packaging

Lack of proof of purchase or UPC code

Unverifiable serial numbers

Failure to comply with any of the above conditions may result in refusal of the return or additional conditions being imposed.

 

SECTION 20- WEBSITE POLICES:

Please take a moment to review our all our pages/policies all of which are posted on the footer this site. By using this site or purchasing products/services from us, you agree to comply with these policies. They also govern your visit to J & K Marine Supply. We reserve the right to make changes to our site, policies, and these conditions of use at any time. If any condition is deemed invalid or unenforceable, it won’t affect the validity of the remaining conditions.

SECTION 21- USE OF MOBLE SERVICE:

The J & K Marine Supply mobile message service is operated by J & K Marine Supply (“we”, or “us”). Your use of the mobile service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel our mobile service or any of its features without notice. To the extent permitted by applicable law, we may also modify these mobile terms at any time and your continued use of our mobile service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to J & K Marine Supply’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of J & K Marine Supply through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with J & K Marine Supply. Your participation in this program is completely voluntary. We do not charge for our mobile service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of our mobile service at any time. Text the single keyword command STOP to any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other J & K Marine Supply mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. We may change short code or telephone number we use to operate our mobile service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by our mobile service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the mobile service, any errors in such information, and/or any action you may or may not take in reliance on the information or mobile service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.