KK2 TRADING WHOLESALE STORE TERMS AND CONDITIONS
Effective Date: September 21, 2019
**Binding Agreement**. This is a binding contract (“Terms”) between you and Kk2 trading B.V. (“we,” “us,” “our,”, “Kk2 trading”). These Terms apply whenever you use any of the sites, apps, products, or services (“Services”) we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.
**Wholesale eCommerce**. This website promotes and markets products and services exclusively intended to legally established Companies. This website is not intended to promote or sale any products directly to individuals. During the checkout, you will need to provide us with a valid Business ID that we could independently verify anytime with a national, state or regional government entity in charge in your Company’s place of operation. Any purchase made with a Business ID that we couldn’t verify will be subjected to delays and eventually to its rejection.
**Age Restrictions**. The Services provided by the KK2 Trading Wholesale Store are only intended to legally established Companies and whose representative are already legal adults according to the law enforced in their respective countries of residence. In order to access to our website and create an account for the Services, you must be a legal adult. By registering, you represent and warrant that you are a legal adult in your country of residence and you represent a lawfully constituted company that is enabled to engage with Kk2 trading B.V. in commercial trade of Kk2 trading’s Services as per the law currently enforced in your country of residence and/or your company’s country of operation. Since legal status may be different at a country, state, region and local level, and it is quickly changing in different parts of the world, Kk2 trading B.V. refrains from ensure that its Services are fully enabled in all and any country and/or region/state. It is your responsibility to ensure such compliance for you and the company you represent.
**Trading with countries outside the European Union**. A mandatory phytosanitary certificate is required for us to ship our seeds outside of the European Union. Such phytosanitary certificate has an additional cost, which varies depending on the amount of seeds purchased, and will be itemized before processing your order. If your company is legally established outside of the European Union and you do not want to be charged for the required phytosanitary certificate, please refrain from purchasing any seeds in our store.
**Pricing, charges and fees**: All prices are subject to change without notice. KK2 Trading tries hard to ensure all products are shown with their correct pricing, delivery, and product information at all times. KK2 Trading verifies the accuracy of all products and pricing before processing and shipping your order. If a product is listed with an incorrect price due to typographical errors, configuration errors, or erroneous information from our suppliers or manufacturers, we will correct the pricing error. If the correct price is lower than what was shown, KK2 Trading will charge the lower price and ship the product. If the correct price is higher, KK2 Trading will notify you of the higher price. You may choose to either proceed with the order at the higher, corrected price, or KK2 Trading shall retain the right to cancel the order at our sole discretion, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged, KK2 Trading shall immediately issue a refund to the same payment method that was used for the order in the amount of the charge.
**Payment terms**. For new clients, all purchases have to be paid in full upfront before will proceed to ship our products. After a cadence of successful transactions, and under the sole discretion of Kk2 trading, payment terms may be modify to add additional flexibility and/or better terms. Contact us at firstname.lastname@example.org to ask for details.
**Taxes**. For orders from outside The Netherlands, we do not charge taxes. For orders from inside The Netherlands, we charge 21% VAT. Our partners and suppliers may apply to you a different tax scheme. If you have any issue with the billing and how taxes are applied, please contact us at https://support.kk2trading.com.
**Your Content and Permissions**. Kk2 trading allows you to share just about anything–files, videos, links, music, documents, code, and text (“Your Content”). Your Content is yours. Kk2 trading does not claim any right, title, or interest in Your Content. You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing any content that you might provide directly to us or through 3rd parties (such as Instagram, Facebook, Twitter, Youtube, forums and any other social media platforms). This license extends to trusted third parties we work with.
**Content Guidelines**. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws and these Terms.
**Group shipping**. We group shipping! We will group the items in your order to reduce the overall shipping fees, if applicable.
**Shipping time**. Although we strive to provide our clients with a very fast service, our shipping and handling time may be up to 3 business days. If you do not receive an update about your order after that amount of time, please contact us in our support system at https://support.kk2trading.com
**Account Security**. You are responsible for safeguarding your password to the Services, making sure that others don’t have access to it, and keeping your account information current. You must immediately notify Kk2 trading of any unauthorized uses of your account or any other breaches of security. Kk2 trading will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.
**Changes to these Terms**. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by sending you an email or other communication before the changes take effect. If you disagree with our changes, then you should stop using Kk2 trading’s Services. After such changes take effect, your continued use of Kk2 trading’s Services will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
**DMCA Policy**. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that the content of a Kk2 trading account infringes your copyrights, you can notify us in our support system (https://support.kk2trading.com.
**Our Intellectual Property**: The Services and all materials contained therein, including, without limitation, Kk2 trading logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Kk2 trading Materials”) are the property of Kk2 trading or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Kk2 trading Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Kk2 trading or third-party trademarks.
**Termination**. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services.
**Disclaimer of Warranties**. Kk2 trading makes no warranties of any kind with respect to Kk2 trading or your use of the Services.
**Limitation of Liability**. Kk2 trading shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Kk2 trading. As a condition of access to Kk2 trading, you understand and agree that Kk2 trading’s liability shall not exceed $10.00.
**Indemnification**. You will indemnify, defend, and hold Kk2 trading, its subsidiaries, affiliates, officers, consultants, subcontractors, partners and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Kk2 trading or (ii) your breach or alleged breach of any of these Terms. Kk2 trading may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Kk2 trading.
**Arbitration Agreement**. We both agree to resolve any disputes arising out of these Terms or your use of Kk2 trading through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. The arbitration will be held in the Netherlands or any other location we agree to. The arbitrators’ decision may be enforced in any court of competent jurisdiction. The prevailing party shall be entitled to costs and attorneys’ fees.
**Exceptions to Agreement to Arbitrate**. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.
**No Class Actions**. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. **Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.**
**Governing Law**. You agree that these Terms, and your use of Kk2 trading, are governed by Dutch law, in the Netherlands, European Union, without regard to its principles of conflicts of law.
These Terms and Conditions are based in the legal documents shared by Automattic (https://github.com/Automattic/legalmattic) which we hereby thank for.