Terms of Service

Terms of Service

Last updated: August 7, 2024

Introduction

Welcome to kenduinumerch.com ("Site"). These Terms of Service ("Terms") govern your use of our website and the purchase of products from our Site. By using our Site, you agree to be bound by these Terms.

Company Information

Company Name: Kendu Energy, LLC
Contact Email: Kenduenergy@proton.me
Contact Address: 2930 Domingo Avenue, 1093, Berkeley, CA, 94705, US

Products and Services

We offer a variety of products including clothing, merchandise, and energy drinks. Specific categories of products include t-shirts, hoodies, costume helmets, drinkware, and hats.

Payment Terms

We accept the following payment methods:

  • Credit Card
  • BitPay (pending)

Shipping and Delivery

Clothing and Merchandise:

  • Shipping Providers: Printful and CJ Shipping
  • Shipping Options: Domestic and international
  • Shipping Costs: Variable or flat rate depending on the product
  • Estimated Delivery Times: Variable depending on the product

Energy Drinks:

  • Fulfillment: Self-fulfilled
  • Shipping Options: Domestic or international depending on the product
  • Shipping Costs: Variable or flat rate depending on the product
  • Estimated Delivery Times: Variable depending on the product

Returns and Refunds

Clothing and Merchandise:

For items fulfilled by Printful:

  • Damaged or Defective Items: Printful will cover the cost of returning and replacing any items that are damaged or defective upon arrival. Customers must report any issues with the product within 30 days of receiving the order.
  • Wrong Size or Incorrect Order: If Printful sends the wrong size or incorrect order, they will also cover the cost of return shipping and send a replacement.
  • Customer's Change of Mind: Printful does not offer returns or exchanges for items if the customer changes their mind or orders the wrong size. All products are made to order, which means returns are only accepted for damaged or defective items.

For items fulfilled by CJ Dropshipping:

  • Damaged or Defective Items: CJ Dropshipping accepts returns for items that are damaged or defective upon arrival. Customers must report any issues within 15 days of receiving the order.
  • Wrong or Missing Items: If CJ Dropshipping sends the wrong item or if any items are missing, customers can request a reshipment or refund. Issues must be reported within 15 days of receiving the order.
  • Customer's Change of Mind: CJ Dropshipping does not accept returns for items if the customer changes their mind or orders the wrong size.

To request a return, please contact us at kenduenergy@proton.me.

Energy Drinks:

  • No Returns, Refunds, or Exchanges: We do not accept returns, refunds, or exchanges for energy drinks. If you believe there was a problem with your order, please contact us at kenduenergy@proton.me and include your order number in the subject line.

Health and Safety Disclaimer for Energy Drinks:

  • Consult Your Doctor: Before consuming any energy drink, especially if you have any pre-existing medical conditions, are taking any medications, are pregnant, nursing, or are under 18 years of age, consult your doctor.
  • Recommended Use: Follow the recommended use as indicated on the product label. Do not exceed the recommended daily intake.
  • Potential Side Effects: Consumption of energy drinks can result in adverse side effects including, but not limited to, increased heart rate, high blood pressure, insomnia, nervousness, and other health issues. Discontinue use and seek medical attention if any adverse reactions occur.
  • Not Suitable For Everyone: Energy drinks are not suitable for children, pregnant or nursing women, individuals sensitive to caffeine, or those with certain medical conditions.
Liability:
    • No Warranty: Kendu Energy, LLC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the energy drinks or the information contained on the product labels for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
    • Assumption of Risk: By purchasing and consuming our energy drinks, you assume all risks related to their use. Kendu Energy, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the products.
    • Indemnification: You agree to indemnify, defend, and hold harmless Kendu Energy, LLC and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the energy drinks.

    Product Information: The information provided on our website and on the product labels is for general informational purposes only and is not intended to constitute or substitute for professional medical advice. Always read and follow the label instructions and warnings before using our energy drinks.

    Changes to This Disclaimer: Kendu Energy, LLC reserves the right to modify this disclaimer at any time without prior notice. Your continued use of our products signifies your acceptance of any changes.

    Contact Information: If you have any questions or concerns about this disclaimer, please contact us at kenduenergy@proton.me.

Safety Notice for Costume Helmets:

  • Not Protective Gear: These helmets are not intended to provide protection in any form. They are purely decorative and should not be used as a substitute for proper safety equipment.
  • No Safety Certification: Our costume helmets have not been tested or certified to meet any safety standards for head protection. Do not use these helmets for any activities that require protective headgear, such as cycling, motorcycling, sports, or any other potentially hazardous activities.

Liability:

  • Assumption of Risk: By purchasing and using our costume helmets, you acknowledge that they are for decorative purposes only and assume all risks associated with their use. Kendu Energy, LLC shall not be liable for any injuries, damages, or losses arising from the use or misuse of these helmets.
  • No Warranty: Kendu Energy, LLC makes no representations or warranties of any kind, express or implied, regarding the safety, suitability, or fitness of these helmets for any particular purpose. Any reliance you place on the helmets for protection is strictly at your own risk.
  • Indemnification: You agree to indemnify, defend, and hold harmless Kendu Energy, LLC and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the helmets.

Product Information: The information provided on our website and on the product labels is for general informational purposes only and is not intended to constitute or substitute for professional advice on safety equipment. Always use certified protective gear when engaging in activities that require head protection.

Changes to This Disclaimer: Kendu Energy, LLC reserves the right to modify this disclaimer at any time without prior notice. Your continued use of our products signifies your acceptance of any changes.

Contact Information: If you have any questions or concerns about this disclaimer, please contact us at kenduenergy@proton.me.

General Disclaimer for All Products:

No Warranty: Kendu Energy, LLC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the products sold on kenduinumerch.com. All products are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Assumption of Risk: By purchasing and using our products, you assume all risks associated with their use. Kendu Energy, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the products.

Indemnification: You agree to indemnify, defend, and hold harmless Kendu Energy, LLC and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the products.

Product Information: The information provided on our website and on product labels is for general informational purposes only and is not intended to constitute or substitute for professional advice. Always read and follow the instructions and warnings before using any of our products.

Changes to This Disclaimer: Kendu Energy, LLC reserves the right to modify this disclaimer at any time without prior notice. Your continued use of our products signifies your acceptance of any changes.

Contact Information: If you have any questions or concerns about this disclaimer, please contact us at kenduenergy@proton.me.

Governing Law

These Terms and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of California, United States.

Amendments

We reserve the right to update or change these Terms at any time. Changes will be posted on this page with an updated effective date.

User Responsibilities

You agree not to engage in any of the following prohibited activities:

  • Illegal Activities: Using our products or services for any illegal or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts.
  • Violation of Laws: Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
  • Fraudulent Activities: Committing fraud, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Intellectual Property Infringement: Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
  • Harmful Conduct: Engaging in any conduct that is harmful, abusive, harassing, threatening, defamatory, obscene, invasive of privacy, or otherwise objectionable.
  • Interference: Interfering with or circumventing the security features of the Service, our website, other websites, or the Internet.
  • Spamming: Engaging in any spamming activities, including but not limited to advertising or solicitation, sending unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
  • Distribution of Malicious Software: Uploading or transmitting viruses, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, our website, other websites, or the Internet.
  • Reselling or Unauthorized Use: Reselling or commercially exploiting our products or services without our prior written consent.
  • Interference with Operations: Interfering with or disrupting the integrity or performance of our services or the data contained therein.
  • Violation of Terms: Engaging in any other activity that violates these Terms or any guidelines or policies posted on our website.

Consequences of Prohibited Activities

Engaging in any prohibited activities may result in the termination or suspension of your access to our services, at our sole discretion, without prior notice. We reserve the right to seek damages and take legal action as appropriate.